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GENERAL LAND OFFICE. 




UNITED STATES MINING LAWS, 

AND 

REGULATIONS THEREUNDER. 


APPROVED JULY 26, 1901. 


LIBRARY OF CONGRESS, 

flECEIVED 

SEP 2 01901 

DIVISION OF DOCUMENTS. 











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GENERAL LAND OFEICE. 















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APPROVED JULY 26, 1901. 


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UNITED STATES MINING LAWS, AND REGULATIONS THERE- 
® UNDER, RELATIVE TO THE RESERVATION, EXPLORATION, 
LOCATION, POSSESSION, PURCHASE, AND PATENTING OF THE 
MINERAL LANDS IN THE PUBLIC DOMAIN. 


Department of the Interior, 

General Land Office. 


Titlp: XXXII, Chapter 6, Revised Statutes. 


mineral lands and mining resources. 


Sec. 2318. In all cases lands valuable for minerals shall 
be reserved from sale, except as otherwise expressl}' 
directed bj" law. 

Sec. 2319. All valuable mineral deposits in lands belonc'- 
ing to the United States, both surveyed and unsurve 3 'ea, 
are hereb}" declared to be free and open to exploration and 
purchase, and the lands in which they are found to occu¬ 
pation and purchase, b}" citizens of the United States and 
those who nave declared their intention to become such, 
under regulations prescribed b\" law, and according to the 
local customs or rules of miners in the several mining 
districts, so far as the same are applicable and not incon¬ 
sistent with the laws of the Uniteci States. 

Sec. 2320. Mining-claims upon veins oi* lodes of quartz 
or other rock in place bearing gold, silver, cinnabar, lead, 
tin, copper, or other A^aluable deposits, heretofore located, 
shall be governed as to length along the A^ein or lode bx" 
the customs, regulations, and laws in force at the date of 
their location. A mining claim located after the tenth 
day of May, eighteen hundred and seventx^-two, xvhether 
located by one or more persons, ma\" equal, but shall not 
exceed, one thousand five hundred feet in length along the 
x^ein or lode; but no location of a mining claim shall be 
made until the discoveiy of the vein or lode within the 
limits of the claim located. No claim shall extend more 
than three hundred feet on each side of the middle of the 
vein at the surface, nor shall any claim be limited bx" any 
mining regulation to less than twentv-fixux feet on each 
side of the middle of thex^ein at the surface, except xvhere 
adverse rights existing on the tenth day of May, eighteen 
hundred and sexTmty-txvo, render such limitation necessary. 
The end lines of each claim shall lie ])arallel to each other. 


Mineral lands 
reserved. 

4 July, 1866, c. 
166, s. 5, V. 14, p. 
86 . 

Mineral lands 
open to purchase 
by citizens. 

10 May, 1872, c. 
152, s. 1, V. 17, p. 
91. 


Length of min¬ 
ing claims upon 
veins or lodes. 

10 Xlay, 1872, c. 
152, s. 2, V. 17, p. 
91. 




3 







4 


UNITED STATES MINING LAWS. 


Proof of 
zenship. 


citi- 


10 May, 1872, c. 
152, 8. 7, V. 17, p. 
94 . 


Ijocators’ rights 
of possession and 
enjoyment. 

10 May, 1872, c. 
152, s. 3, V. 17, p. 
91. 


Owners of tun¬ 
nels, rights of. 

10 May, 1872, c. 
152, s. 4, V. 17, p. 
92. 


Reg u 1 a t i o n s 
made hv miners. 


10 May, 1872, c. 
152, s. 6 , V. 17, p. 
92. 


Sec. 2821. Proof of citizenship, under this ehiipter, 
may consist, in the case of an individual, of his own alH- 
davit thereof; in the case of an association of persons 
unincorporated, of the affidavit of their authorized a^^ent, 
made on his own knowledge or upon information and belief; 
and in the case of a corporation organized under the laws 
of the United States, or of any State or Territoiy thereof, 
by the tiling of a certitied cop}" of their charter or certifi¬ 
cate of incorporation. 

Sec. 2322. The locators of all mining locations heretofore 
made or which shall hereafter lie made, on any mineral 
vein, lode, or ledge, situated on the public domain, their 
heirs and assigns, where no adverse claim exists on the 
tenth day of May, eighteen hundred and seventy-two, so 
long as they comply with the laws of the United States, and 
witn State, Territorial, and local regulations not in conflict 
with the laws of the United States governing their pos¬ 
sessory title, shall have the exclusii e right of possession 
and enjoyment of all the surface included within the lines 
of their locations, and of all veins, lodes, and ledges 
throughout their entire depth, the top or apex of which 
lies inside of such surface lines extended downward .ver¬ 
tically, although such veins, lodes, or ledges may so far 
depart from a perpendicular in their course downward as 
to extend outside the vertical side lines of such surface 
locations. But their right of possession to such outside 
parts of such veins or ledges shall be confined to such por¬ 
tions thereof as lie ])etween vertical planes drawn down¬ 
ward as above described, through the end lines of their 
locations, so continued in their own direction that such 
planes will intersect such exterior parts of such veins or 
ledges. And nothing in this section shall authorize the 
locator or possessor of a vein or lode which extends in its 
downward course beyond the vertical lines of his claim to- 
enter upon the surface of a claim owned or i)ossessed by 
another. 

8ec. 2328. Where a tunnel is run for the development 
of a vein or lode, or for the discovery of mines, the owners 
of such tunnel shall have the right of possession of all 
veins or lodes within three thousand feet from the face of 
such tunnel on the line thereof, not previously known to 
exist, discovered in such tunnel, to the same extent as if 
discovered from the surface; and locations on the line of 
such tunnel of veins or lodes notappearing on the surface, 
made by other parties after tlie commencement of the tun¬ 
nel, and while the same is being prosecuted w"ith reasonable 
diligence, shall be invalid, but failure to prosecute the 
w^ork on the tunnel for six months shall be considered as 
an abandonment of the right to all undiscovered veins on 
the line of such tunnel. 

Sec. 2324. The miners of each mining-district mav make 
regulations not in conliict with the laws of the United 
States, or w ith the laws of the State or Territory in which 
the district is situated, governing the location, manner of 







UNITED STATES MINING LAWS. 


5 


recording, amount of work necessary to hold possession of 
a mining claim, sul)ject to the following requirements: The 
location must he distinctlv marked on the ground so that its 
boundaries can be readily traced. All records of mining 
claims hereafter made shall contain the name or names of 
the locators, the date of the location, and such a descrip¬ 
tion of the claim or claims located by reference to some 
natural object or permanent monument as will identify the 
claim. On each claim located after the tenth day of May, 
eighteen hundred and seventj^-two, and until a patent has 
been issued therefor, not less than one hundred dollars’ 
worth of labor shall be performed or improvements made 
during each year. On all claims located prior to the tenth 
day of May, eighteen hundred and seventy-two, ten dol¬ 
lars’ woi-th of labor shall be performed or improvements 
mad(‘. by the tenth day of June, eighteen hundred and 
seventy-four, and each year thereafter, for each one hun- 
diHui feet in length along the vein until a patent has been 
issued therefor; but where such claims are held in common, 
such expenditure ma}" be made upon any one claim; and 
upon a failure to comply with these conditions, the claim 
or mine upon which such failure occurred shall be opim to 
relocation in the same manner as if no location of the same 
had ('.ver been made, provided that the original locators, 
their heirs, assigns, or legal representatives, have not 
resumed work upon the claim after failure and before such 
location. Upon the failure of any one of several co-owners 
to contribute his proportion of the expenditures required 
hereby, the co-owners who haA^e performed the labor or 
made the improvements may, at the expiration of the year, 
give such delinquent co-OAvner personal notice in Avriting 
or notice by publication in the neAVspaper published near¬ 
est the claim, for at least once a week for ninety days, and 
if at the expiration of ninety days after such notice in Avrit¬ 
ing or b}^ publication such delinquent should fail or refuse 
to contribute his proportion of the ex})enditure required 
by this section, his interest in the claim shall become the 
property of his co-oAvners Avho have made the re(j[uired 
expenditures. 

Sec. 2325. A patent for any land claimed and located 
for valuable deposits may be obtained in the folloAving 
manner: Any person, association, or corporation author¬ 
ized to locate a claim under this chapter, having claimed 
and located a piece of land for such purposes, Avho has, 
or have, complied with the terms of this chapter, may 
tile in the proper land office an application for a patent, 
under oath, showing such compliance, together Avith a plat 
and held notes of the claim or claims in common, made by 


or under the direction of the United States surveyor-gen¬ 
eral, showing accurately the boundaries of the claim or 
claims, which shall be distinctly marked by monuments on 
the ground, and shall post a copy of such plat, together 
Avith a notice of such application for a patent, in a con¬ 
spicuous place on the land embraced in such plat previous 


Patents for 
mineral 1 a ti d s, 
how obtained. 


10 May, 1872, e. 
152, s. 6, V. 17, p. 
92. 



UNITED STATES MINING LAWS. 


to the tilino- of the application for a patent, and shall tile 
an alhdavit of at least two pei’sons that such notice has 
been dul}^ posted, and shall tile a copy of the notice in such 
land office, and shall thereupon be entitled to a patent for 
the land, in the manner following: The registei’of the land 
office, upon the tiling of such application, plat, field notes, 
notices, and affidavits, shall publish a notice that such ap¬ 
plication has been made, for the period of sixty days, in a 
newspaper to be by him designated as published nearest to 
such claim; and he shall also post such notice in his office 
for the same period. The claimant at the time of filing this 
application, or at any time thereafter, within the sixty days 
of publication, shall file with the register a certificate of 
the United States surveyor-general that five hundred dol¬ 
lars’ worth of labor has been expended or improvements 
made upon the claim by himself or grantors; that the plat 
is correct, with such further description by such reference 
to natural objects or permanent monuments as shall identify 
the claim, and furnish an accurate description, to be incor¬ 
porated in the patent. At the expiration of the sixty da vs 
of publication the claimant shall file his affidavit, showing 
that the plat and notice have been posted in a conspicuous 
place on the claiim during such period of publication. If 
no adverse claim shall have been tiled Avith the register and 
the receiver of the proper land office at the expiration of 
the sixty daj^s of publication, it shall be assumed that the 
applicant is entitled to a patent, upon the payment to the 
proper officer of five dollars per acre, and that no adverse 
claim exists; and thereafter no objection from third parties 
to the issuance of a patent shall be heard, except it be 
shown that the applicant has failed to comply with the 
terms of this chapter. 

• Sec. 2326. Where an adverse claim is filed during the 
period of publication, it shall be upon oath of the person 
; or persons making the same, and shall show the nature, 
boundaries, and extent of such adverse claim, and all pro¬ 
ceedings, except the publication'of notice and making and 
filing of the affidavit thereof, shall be stayed until the con¬ 
troversy shall have been settled or decided by a court of 
competent jurisdiction, or the adverse claim waived. It 
shall be the duty of the adverse claimant, within thirty 
days after filing his claim, to commence proceedings in a 
court of competent jurisdiction, to determine the question 
of the right of possession, and prosecute the same with 
reasonable diligence to final judgment; and a failure so to 
do shall be a Avaiver of his adverse claim. After such judg¬ 
ment shall haA^e been rendered, the party entitled to the 
possession of the claim, or any portion thereof, may, with¬ 
out giving further notice, file a certified copy of the judg¬ 
ment-roll with the register of the land oft*ce,'together Avith 
the (‘ertificate of the surveyor-general that the requisite 
amount of labor has been expended or improvements made 
thereon, and the description required in other cases, and 



UNITED STATES MINING LAWS. 


7 


shall pay to the receiver live dollars per acre for his claim, 
too-ether with the proper fees, whereupon the whole pro¬ 
ceedings and the judgnient-roll shall be certitied by the reg¬ 
ister to the Commissioner of the General Land-Office, and 
a patent shall issue thereon for the claim, or such portion 
thereof as the applicant shall appear, from the decision of 
the court, to rightly possess. If it appears from the de¬ 
cision of the court that several parties are entitled to sepa¬ 
rate and different portions of the claim, each party may 
pay for his portion of the claim with the proper fees, and 
tile the certiffcate and description b}" the surveyor-general, 
whereupon the register shall certify the proceedings and 
judgment-roll to the Commissioner of the General Land- 
Office, as in the preceding case, and'patents shall issue to 
the several parties according to their respective rights. 

Nothing herein contained shall be construed to prevent the 
alienation of a title conveyed by a patent for a mining 
claim to any person whatever. 

Sec. 2827. The description of vein or lode claims, upon ve?n®^ciSSs^ o^n 
surveyed lands, shall designate the location of the claim surve>ydandun- 
with reference to the lines of the public surveys, but need _ 
not conform therewith; but where a patent shall be issued 152 ^ 8 ,^ 
for claims uppn unsurveyed lands, the surveyor-general, in 
extending the surveys, shall adjust the same to the bound¬ 
aries of such patented claim, according to the plat or de¬ 
scription thereof, but so as in no case to interfere with or 
change the location of any such patented claim. 

Sec. 2328. Applications for patents for mining-claims 
under former laws now pending may be prosecuted to a rights 
ffnal decision in the General Land-Office; but in such 10 May, 1872 ,c. 
cases where adverse rights are not affected thereby, pat- p- 

ents may issue in pursuance of the provisions of this chap¬ 
ter; and all patents for mining-claims upon veins or lodes 
heretofore issued shall convey all the rights and privileges 
conferred by this chapter where no adverse rights existed 
on the tenth day of May, eighteen hundred and seventy- 
two. 

Sec. 2829. Claims usually called ‘‘placers,”including all piaS^Sms to 
forms of deposit, excepting veins of quartz, or other rock in surveys, limit of. 
place, shall be subject to entry and patent, under like cir- 9 July i87o, c. 
cumstances and conditions, and upon similar proceedings, 3 ^ 7 ;p- 
as are provided for vein or lode claims; but where the lands 
have been previously surveyed ])y the United States, the 
entry in its exterior limits shall conform to the legal sub¬ 
divisions of the public lands. ^ • • 

Sec. 2330. Legal subdivisions of forty acres may be sub- ten-acr^Trllcte; 
divided into ten-acre tracts; and two or more persons, 


Pending appli¬ 
cations; existing 


associations of persons, having contiguous claims of any ^ 

size, although such claims may be less than ten acres each, 235 , 
may make joint entry thereof; but no location of a placer 
claim, made after the ninth day of July, eighteen hundred 
and seventy, shall exceed one hundred and sixty acres for 
any one person or association of persons, which location 






8 


UNITED STATES MINING LAWS. 


Conformity of 
placer claims to 
surveys, limita¬ 
tion of claims. 


10 May, 1872, c. 
152, s. 10, V. 17, p. 
94. 


What evidence 
of possessio n, 
&c., to establish 
a right to a pat¬ 
ent. 

9 July, 1870, c. 
235, s. 13, V. IG, p. 
217. 


Proceedings for 
patent for placer 
claim, &c. 

10 May, 1872, c. 
152, s. 11, V. 17, !>. 
94. 


sliiill conforiii to the United States surveys; and nothing 
in this section contained sliall defeat or impair any Ixrna 
tide preemption or homestead claim upon agricultural lands, 
or authorize the sale of the improvements of any bona hde 
settler to any purchaser. 

Sec. 2331. Where placer-claims are upon surveyed lands, 
and conform to legal subdivisions, no further survey or plat 
shall be required, and all placer mining claims located after 
the tenth day of May, eighteen hundred and seventy-two, 
shall conform as near as practicable with the United States 
S 3 ^stem of public-land surve^^s, and the rectangular sub¬ 
divisions of such survey's, and no such location shall include 
more than twenty acres for each individual claimant; but 
where placer-claims can not be conformed to legal sub¬ 
divisions, survey and plat shall be made as on unsurve^^ed 
lands; and where b^^ th^ segregation of mineral lands in 
any legal subdivision a quantity of agricultural land less 
than foi’W acres remains, such fractional portion of agricul¬ 
tural land ma}^ be entered by any part}^ qualitied by law, 
for homestead or preemption purposes. 

Sec. 2332. Where such person or association, they and 
their grantors, have held and worked their claims for a 
period equal to the time prescribed bv the statute of 
limitations for mining claims of the State or Territoiy 
where the same nia}^ be situated, evidence of such posses¬ 
sion and working of the claims for such period shall be 
sufficient to establish a right to a patent thereto under this 
chapter, in the absence of any adverse claim; but nothing 
in this chapter shall be deemed to impair any lien which 
may have attached in any wav whatever to any mining 
claim or propertv thereto attached prior to the issuance of 
a patent. 

Sec. 2333. AVhere the same person, association, or corpo¬ 
ration is in possession of a placer-claim, and also a vein or 
lode included within the boundaries thereof, application 
shall be made for a patent for the placer-claim, with the 
statement that it includes such vein or lode, and in such 
case a patent shall issue for the placer-claim, subject to the 
provisions of this chapter, including such vein or lode, upon 
the payment of five dollars per acre for such vein or lode 
claim, and twenW-tive feet of surface on each side thereof. 
The remainder of the placer-claim, or any placer claim not 
embracing any vein or lode-claim, shall be paid for at the 
rate of two dollars and fifty cents per acre, together with 
all costs of proceedings; and where a vein or lode, such as 
is described in section twenty-three hundred and twenty, 
is known to exist within the boundaries of a placer-claim, 
an application for a patent for such placer-claim which does 
not include an application for the vein or lode claim shall 
be construed as a conclusive declaration that the claimant 
of the placer-claim has no right of possession of the vein 
or lode claim; Init where the existence of a vein or lode in 
in a placer-claim is not known, a])atent for theplacer-claim 
shall conve}^ all valuable mineral and other deposits within 
the boundaries thereof. 





,UNITED STATES MINING LAWS. 


9 


Si'X^ I'lie surve 3 ^or-general of the United States 

may appoint in each land-district containing mineral lands 
as many competent surveyors as shall apply for appoint¬ 
ment to survey mining-claims. The expenses of the sur¬ 
vey of vein or lode claims, and the survey and subdivision 
of placer-claims into smaller quantities than one hun¬ 
dred and sixty acres, together with the cost of publica¬ 
tion of notices, shall be paid b}^ the applicants, and they 
shall be at liberty to obtain the same at the most reason¬ 
able rates, and they shall also be at liberty to employ any 
United States deputy.survey or to make the survey. The 
Commissioner of the General Land-Office shall also have 
power to establish the maximum charges for surve 3 ^s and 
publication of notices under this chapter; and, in case of 
excessive charges for publication, he may designate any 
neAvspaper published in a land-district where mines are 
situated for the publication of mining-notices in such dis¬ 
trict, and fix the rates to be charged by such paper; and, 
to the end that the Commissioner may be full^^ informed 
on the subject, each applicant shall tile with the register a 
sworn statement of all charges and fees paid ])y such appli¬ 
cant for publication and survevs, together with all fees and 
monev paid the,register and the receiver of the land office, 
which statement shall be transmitted, with the other papers 
in the case, to the Commissioner of the General Land-Office. 

Sec. 2335. All affidavits required to be made under 
this chapter may be verified before an}^ officer authorized to 
administer oaths within the land-district where the claims 
may be situated, and all testimony and proofs ma\^ be 
taken before ain" such officer, and, when duly certified b^^ 
the officer taking the same, shall have the same foire and 
effect as if taken before the register and receiver of the 
land-office. In cases of contest as to the mineral or agri¬ 
cultural character of land, the testimony and proofs may 
be taken as herein provided on personal notice of at least 
ten da 3 'S to the opposing party; or if such party can not 
be found, then by publication of at least once a week for 
thirty days in a newspaper, to be designated by the regis¬ 
ter of the land-office as published nearest to the location 
of such land; and the register shall rexpiire proof that 
such notice has been given. 

Sec. 233(). Where two or more veins intersect or cross 
each other, priority of title shall govern, and such prior 
location shall be entitled to all ore or mineral contained 
within the space of intersection; but the subsequent loca¬ 
tion shall have the right of way through the space of iijter- 
section for the purposes of the convenient working of the 
mine. And where two or more veins unite, the oldest or 
prior location shall take the vein below the point of union, 
including all the space of intersection. 

Sec. 2337. Where non-mineral land not contiguous to 
the v^ein oi* lode is used or occupied by the proprietor of 
such v’^ein or lode for mining or milling purposes, such non- 
adjacent surface-ground mav be. embraced and included in 


Surveyor-gen¬ 
eral to appoint 
surveyors of min¬ 
ing claims, &c. 


10 May, 1872, c. 
152, s. 12, V. 17, p. 
95. 


Verification of 
affidavits, etc. 


10 May, 1872, c. 
152, s. 13, V. 17, p. 
95. 


Where veins 
intersect, ttc. 


10 Mav, 1872, c. 
152, s. 14, V. 17, p. 
90. 


Patents for 
n o n in i n e r a 1 
lands, &c. 


10 May, 1872, c. 
152, s. 15, V. 17, p. 
96. 







10 


UNITED STATES MINING LAWS. 


jin a])])lic*atic)ii for a patent for such vein or lode, and the 
same may ))e patented therewith, subject to the same pre¬ 
liminary i*e(piirements as to surv^ey and notice as jire a|)pli- 
cal)le to veins or lodes; but no location her(‘,after made of 
such non-adjacent land shall exceed live {icres, and payment 
foi* the same must be made at the same rate as lixed by 
this chapter for the superficies of the lode. The owner of 
a (piartz-mill or reduction-works, not owning a mine in 
connection therewith, may also receive a patent for his 
mill-site, as provided in this section. 

What condi- 2338. As a condition of sale, in the absence of 

be made by local necessary legislation by Congress, the lo(*al legislature ot 
le gislature. State orTerrito IT may provide rules for working mines, 

26 ^^ 3 involving easements, drainage, and other necessary means 
252! ' ’ ■ ’ to their complete development; and those conditions shall 
be fully expressed in the patent. 

Vested rights Sec. 2339. Whenever, by priority of possession, rights 
for mining, &e.; to the use ot Water tor mining, agricultural, manutactur- 
calmK^ other purposes, have Vested and accrued, and the 
~ 26 July 1866 c rccogiiized and acknowledged liy the local cus- 

262 , .s. 9 ; V. 14,’p! toms, laws, and the decisions of courts, the possessors and 
owners of such vested rights shall be maintained and pro¬ 
tected in the same; and the right of way for the construc¬ 
tion of ditches and canals for the purposes herein speci- 
hed is acknowledged and conlirmed; l)ut whenever any 
person, in the construction of any ditch or canal, injures 
or damages the possession of any settler on the public 
domain, the party committing such injury or damage shall 
l)e liable to the party injured for such injury or damage. 
em^Ss’ anV 2340. All patents granted, or pre-eiiiption or hoiiie- 

homestead.s sub- steads allowed, shall be subject to any vested and accrued 
Suer^'wa'te? I'lg'hts to ditches and reservoii’s used in 

rights. _ connection with such water rights, as may have been 

9 July, 1870 , c. acquired under or recognized bv the preceding section. 

235, s. 17, V. 16, p. 218. ‘ 

in^whfS niVal- Wherever, upon the lands heretofore desig- 

uabie mines are nated as mineral kuids, whicli have been excluded from 
tcfhouuSeads.^^ survey and sale, there have been homesteads made by citi- 
26 July, 1866 , c. ^^ns of the United States, or persons who have declared 
26 |s. id,’v. 14,’p. their intention to become citizens, which homesteads have 
been made, improved, and used for agricultural purposes, 
and upon which there have been no valuable mines of gold, 
silver, cinnabar, or copper discovered, and which are 
properly agricultural lands, the settlers or owners of such 
homesteads shall have a right of preemption thereto, and 
shall be entitled to purchase the same at the price of one 
dollar and twenty-five cents per acre, and in quantitv not 
to exceed one hundred and sixty acres; or the}^ may avail 
themselves of the provisions of chapter five of this Title, 
relating to “Homesteads.” 

Six. 2342. Upon the survey of the lands described in 


Mineral lands, 
how set apart as 


preceding section, the Secretary of the Interior may 

“ 26 jin 7 l 866 c «uch portions of the same as are 

262,s. 11 ,’v. 14,’p! clearly agricultural lands, which lands shall thereafter be 
subject to pre-emption and side as other public lands, and 







TTNITED STATES MINING LAWS. 


11 


))(‘ subject to all the laws and regulations applicable to the 


same. 


^ Sec. 28-18. The President is authorized to establish ad¬ 
ditional land-districts, and to appoint the necessary offi¬ 
cers under existing laws, Ayherever he may deem the same 
necessary for the public convenience in executing the pro¬ 
visions of this chapter. 

Sec. 2811. Nothing contained in this chapter shall be 
construed to impair, in any way, rights or interests in 
mining property acquired under existing laws; nor to 
affect the provisions of the act entitled An act granting 
to A. Sutro the right of way and other privileges to aid 
in the construction of a draining and exploring tunnel 
to the Comstock lode, in the State of Nevada,” approved 
duly twenty-five, eighteen hundred and sixty-six. 

Sec. 2815. The provisions of the preceding sections of 
this chapter shall not applv to the mineral lands situated 
in the States of Michigan, Wisconsin, and Minnesota, which 
are declared free and open to exploration and purchase, 
according to legal subdivisions, in like manner as before 
the tenth day of May, eighteen hundred and seventy-two. 
And any bona-hde entries of such lands within the States 
named since the tenth day of May, eighteen hundred and 
seventy-two, may be patented without reference to an}" of 
the foregoing prpvisions of this chapter. Such lands shall 
be ottered for public sale in the same manner, at the same 
minimum price, and under the same rights of pre-emption 
as other public lands. 

Sec. 2816. No act passed at the first session of the Thirty- 
eighth Congress, granting lands to States or corporations 
to aid in the construction of roads or for other purposes, or 
to extend the time of grants made prior to the thirtieth day 
of January, eighteen hundred and sixty-five, shall be so 
construed as to embrace mineral lands, which in all cases 
are reserved exclusively to the United States, uidess other¬ 
wise specially provided in the act or acts making the grant. 


A dditional 
land districts 
and officers,pow¬ 
er of the Presi¬ 
dent to provide. 

26 July, 1866, c. 
262, s. 7, V. 14, p. 
252. 

Provisions of 
this chapter not 
to affect certain 
rights. 

10 May, 1872, c. 
152, s. 16, V. 17, p. 
96. 

9 July, 1870, c. 
235, s. 17, V. 16, p. 
218. 


Mineral lands 
in certain States 
excepted. 

18 Feb., 1873, c. 
159, V. 17, p. 465. 


Grant of lands 
to States or cor¬ 
porations not to 
include mineral 
lands. 

30 Jan., 1865, 
Res. No. 10, V. 13. 
p. 567. 


ACTS OF CONGRESS PASSED SUBSEQUENT TO THE REVISED 

STATUTES. 


AN ACT to amend the act entitled “An act to promote the develop¬ 
ment of the mining resources of the United States,” passed May 
tenth, eighteen hundred and seventy-two. 


Claim located 


Be it enacted hy the Senate and Home of Representatives 
of the United States of Ainerica in Congress assemUed^ That i 872 , first aniuiai 
the pi’ovisions of the fifth section of the act entitled “An temled to Jan.' 1 , 

act to promote the development of the mining resources of _ 

the United States,” passed May tenth, eighteen l^undred^pActofcon^^^^ 
and seventy-two, which requires expenditures of labor and (isstat. l.,’61). 
improvements on claims located prior to the passage of 
said ac^, are hereby so amended that the time for the first 
annual expenditure on claims located prior to the passage 
of said act shall be extended to the first day of January, 
eighteen hundred and seventy-five. 







12 


UNITED STATES MINING LAWS. 


\N A(;T to amend section two thousand three hundred and twenty- 
four of the Revised Statutes, relating to the development of the 
mining resources of the United States. 


Money expend- Be it enacted hy the Senate aiul House of Rejrresentatt ces 
considercdasex- oftlie United States of Aw erica in Congress assemhled, Tluit 
\Tc5e^^^ section two thousand three hundred and twenty-four of 

-the Revised Statutes, be, and the same is hereby, amended 

approve?FeS-«o that where a person or company has or may run a 
St l’ 315 ^ tunnel for the purpose of developing a lode or lodes, owned 
by said person or company, the money so expended in 
said tunnel shall be taken and considered as expended on 
said lode or "lodes, whether located prior to or since the 
passage of said act; and such person or company shall not 
l)e required to perform work on the surface of said lode 
or lodes in order to hold the same as required by said act. 


AN ACT to exclude the States of Missouri and Kansas from the pro¬ 
visions of the act of Congress entitled “An act to promote the devel¬ 
opment of the mining resources of the United States,” approved May 
tenth, eighteen hundred and seventy-two. 

Mis.souri and Be it enacted hy the Senate and House of Representatives 
lYonruS^^opera-^ United States of Aweiica in Congress assenthled, That 
eraiiaw?^ with ill the States of Missouri and Kansas deposits of coal, 
era aws. jpon^ lead, or other mineral be, and they are hereby. 

Act of Con- excluded from the operation of the act entitled ‘‘An act 
May 5,^1876promotc the development of the mining resources of the 
stat. L.’, 52 ). United States,” approved May tenth, eighteen hundred and 
seventy-two, and all lands in said States shall lie subject to 
disposal as agricultural lands. 


AN ACT authorizing the citizens of Colorado, Nevada, and the Terri¬ 
tories to fell and remove timber on the public domain for mining 
and domestic purposes. 


Citizens of 
Colorado, Ne¬ 
vada, and the 
Territories au¬ 
thorized to fell 
and remove tim¬ 
ber on the pub¬ 
lic domain for 
mining and do¬ 
mestic purposes. 

Act of Con¬ 
gress approved 
June 3, 1878 (20 
Sta.t. L., 88). 


Be it enacted hy the Senate and Jlouse of Rejwesentatives 
of the United States of America in Congress assemhlcd.^ That 
all citizens of the United States and other persons, bona 
hde residents of the State of Colorado, or Nevada, or either 
of the Territories of New Mexico, Arizona, Utah, Wyo¬ 
ming, Dakota, Idaho, or Montana, and all other mineral 
districts of the United States, shall be, and are here!)}’, 
authorized and permitted to fell and remove, for Iniilding, 
agricultural, mining, or other domestic pur|)oses, any tim¬ 
ber or other trees growing or being on the public lands, said 
lands being mineral, and not subject to entry under exist¬ 
ing laws of the United States, except for mineral entry, in 
either of said States, Territories, or districts of which such 
citizens or persons may be at the time liona tide residents, 
subject to such rules and regulations as the Secretarv of 
the Interior may prescribe for the protection of the tiinber 
and of the undergrowth growing upon such lands, and for 
other purposes: Provided^ The provisions of this act shall 
not extimd to railroad corporations. 

Sec. 2. That it shall be the duty of the register and the 





UNITED STATES MINING LAWS. 


13 


receiver of any local land office in whose district any min¬ 
eral land may be situated to ascertain from time to time 
whether any timber is being cut or used upon any such 
lands, except for the purposes authorized by this act, within 
their respective land districts; and, if so, they shall imme¬ 
diately notify the Commissioner of the General Land Office 
of that fact; and all necessary expenses incurred in mak¬ 
ing such proper examinations shall be paid and allowed 
such register and receiver in making up their next quar¬ 
terly accounts. 

Sec. 3. An}" person or persons who shall violate the pro¬ 
visions of this act, or any rules and regulations in pursu¬ 
ance thereof made by the Secretary of the Interior, shall 
be deemed guilty of a misdemeanor, and, upon conviction, 
shall be lined in any sum not exceeding five hundred dol¬ 
lars, and to which may l)e added imprisonment for any 
term not exceeding six months. 


AN ACT to amend sections twenty-three hundred and twenty-four 
and twenty-three hundred and twenty-five of the Revised Statutes 
of the United States concerning mineral lands. 


Application for 
patent may be 
made by author¬ 
ized agent. 


Be it enacted hy the Semite and Home of Representatives 
(fthe United States of xiinerlea in Congress assembled, That 
section twenty-three lumdred and twenty-tive of the 
Revised Statutes of the United States be amended by 
adding thereto the following words: ‘‘H^rovided^ That 
where the claimant for a patent is not a resident of or 
within the land district wherein the vein, lode, ledge, or 
deposit sought to be patented is located, the application 
for patent and the affidavits required to be made in this 
section by the claimant for such patent may be made by 
his, her, or its authorized agent, where said agent is con¬ 
versant with the facts sought to be established by said 
affidavits: And provided^ That this section shall apply to 
all applications now pending for patents to mineral lands.” 

Sec. 2. That section twenty-three hundred and twenty- 
four of the Revised Statutes of the United States be 
amended by adding the following words: ^H^rovided^ That 
the period within which the work required to be done 
annually on all unpatented mineral claims shall commence 
on the first day of January succeeding the date of location 
of such claim, and this section shall apply to all claims 
located since the tenth day of May, anno Domini eighteen 
hundred and seventy-two.” 

AN ACT to amend section twenty-three hundred and twenty-six of 
the Revised Statutes relating to suits at law affecting the title to 
.mining-claims. 

Be it enacted hy the Senate and Home of Repn'esentatives Drought utiVnot 
(f tiu' Un ited States of Am erica> in Congress assembled^ That i s h e^d in 

if, in any action brought pursuant to section twenty-three 
hundred and twenty-six of the Revised Statutes, title to gresvS approved 
the ground in controversy shall not be eshiblished hy 
either party, the jury shall so find, and judgment shall be 


On unpatented 
claims period 
commences on 
Jan.l succeeding 
date of location. 

Act of Con¬ 
gress approved 
Jan. 22, 1880 ( 21 
Stat. L., 61). 




14 


UNITED STATES MINING LAWS. 


Adverse claim 
may be verified 
by agent. 

See. 1, act of 
C o n g r e .s s ap¬ 
proved April 26, 
1882 (22 Stat. L., 
49). 


Affidavit of cit¬ 
izenship; before 
whom made. 

Sec. 2, act of 
Congress ap¬ 
proved April 26, 
1882 (22 Stat. L. 
49). 


entered iiecordin^^’ to the verdict. In such ease costs shall 
not he allowed to either party, and the claimant shall not 
proceed in the land ollice or be entitled to a patent for the 
ground in controversy until he shall have perfected his 
title. 

AN ACT to amend section twenty-three hundred and tw^enty-six of 
the Eevised Statutes, in regard to mineral lands, and for other 
purposes. 

Be it enacted hy the Senate and House of Rejn^esentatives 
of the United States of America in Congress assembled^ That 
the adverse claim required by section twenty-three hundred 
and twenty-six of the Revised Statutes may be verified by 
the oath of any duly authorized agent or attorney in fact 
of the adverse claimant cognizant of the facts stated; and 
the adverse claimant, if residing or at the time being beyond 
the limits of the district wherein the claim is situated, may 
make oath to the adverse claim before the clerk of any 
court of record of the United States or the State or Terri¬ 
tory where the adverse claimant may then be, or before any 
notaiT public of such State or Territory. 

Sec. 2. That applicants for mineral patents, if residing 
bej^ond the limits of the district wherein the claim is situ¬ 
ated, may make an}" oath or affidavit required for proof of 
citizenship before the clerk of any court of record, or be¬ 
fore any notary public of any State or Territory. 

AN ACT to exclude the public landa in Alabama from the operation 
of the laws relating to mineral lands. 

cepted^rom^the enacted hy the Senate and House of Representatives 

operation of the of the United States of America in Congress assembled^ That 
mineral laws, ^vjtbin the State of Alabama all public lands, whether 

appro^ldTiIrch otherwise, shall be subject to disposal only as 

3, 1883 (22 stat. agricultural lands: Provided^ hoicever^T\\2itA[ lands which 
L., 487). heretofore been reported to the General Land Office 

as containing coal and iron shall first be ofiered at public 
sale: And provided further ^ That any bona fide entry under 
the provisions of the homestead law of lands within said 
State heretofore made may be patented without reference 
to an act approved May tenth, eighteen hundred and sev¬ 
enty-two, entitled ‘‘An act to promote the development of 
the mining resources of the United States,” in cases where 
the persons making application for such patents have in 
all other respects complied with the homestead law relat¬ 
ing thereto. 

AN ACT providing a civil government for Alaska. 

Be tt enacted hy the Senate and House of Representatives 
. of the United States of America im Congress assemRled^ * * -x- 

exte\^ded loathe Skc. 8. That the Said district of Alaska is hereby created 
Alaska!^^ ^land district, and a United States land office for said dis- 

ActofCon re.ss is hereby located at Sitka. The commissioner pro- 
approved May vided for by this act to reside at Sitka shall be ex officio 
L, 2 ^ I'^gister of said land office, and the clerk provided for by 






UNITED STATES MINING LAWS. 


15 


this {let shall be ex officio receiver of public iiione^^s, and 
the marshal provided for by this act shall be ex officio 
surveyor-general of said district, and the laws of the United 
States relating to mining claims, and the rights incident 
thereto, shall, from and after the passage of this act, l)e in 
full force and effect in said district, under the administra¬ 
tion thereof herein provided for, subject to such regulations 
as may be made by the Secretary of the Interior, approved 
by the President: Provided^ That the Indians or other per¬ 
sons in said district shall not be disturbed in the possession 
of an}" lands actually in their use or occupation or now 
claimed by them but the terms under which such persons 
ma}" acquire title to such lands is reserved for future legis¬ 
lation by Congress: And providedfurther^ That parties who 
have located mines or mineral privileges therein under the 
laws of the United States applicable to the public domain, 
or who have occupied and improved or exercised acts of 
ownership over such claims, shall not be disturbed therein, 
but shall be allowed to perfect their title to such claims by 
payment as aforesaid: And provided also, That the land not 
exceeding six hundred and fort}^ acres at any station now 
occupied as missionary stations among the Indian tribes 
in said section, with the improvements thereon erected by 
or for such societies, shall be continued in the occupancy 
of the several religious societies to which said missionary 
stations respectively belong until action by Congress. But 
nothing contained in this act shall be construed to put in 
force in said district the general land laws of the United 
States. 

* -X- -X- * * * * 

AN ACT making appropriations for sundry civil expenses of the Gov¬ 
ernment for the fiscal year ending June thirtieth, eighteen hundred 
and ninety-one, and for other purposes. 

Be it enacted hy the Senate and Home of Representatives 
of the United States of America iri Congress assemhled, * * * 
No person who shall after the passage of this act, enter 
upon an}" of the public lands with a view to occupation, 
entry, or settlement under any of the land laws shall be 
permitted to acquire title to more than three hundred and 
twenty acres in the aggregate, under all of said laws, but 
this limitation shall not operate to curtail the right of any 
person who has heretofore made entry or settlement on the 
public lands, or whose occupation, entry or settlement, is 
validated by this act: Provided, That in all patents for 
lands hereafter taken up under any of the land laws of the 
United States or on entries or claims validated by this act 
west of the one hundredth meridian, it shall be expressed 
that there is reserved from the lands in said patent described 
a right of way thereon for ditches or canals constructed by 
the authority of the United States. * * * 


Right of entry 
under all the 
land laws r e- 
stricted to 320 
acres. (Repeal¬ 
ed, see act March 
3, 1891, sec. 17.) 

Reservation in 
patents for right 
of way for ditches 
and canals con¬ 
structed. 


Act of Congress 
approved August 
30, 1890. (26 Stat. 
L.,371.) 



16 


■ UNITED STATES MINING LAWS. 


Town sites on 
mineral lands 
authorized. 

Lands entered 
under the min¬ 
eral laws not in¬ 
cluded in restric¬ 
tion to 320 acres. 


Act of Congress 
approved March 
3, 1891 (26 Stat. 
L., 1095). 


AN ACT to reiteal the timber-culture laws, and for other jturjioses. 


Be it enacted hy the Senate and Honse of Rej>resentatives 
of the U7nted States of America in Congress assemhUd^f' * * 

Sec. 16. That town-site entries may be made liy incor¬ 
porated towns and cities on tlie mineral lands of the United 
States, but no title shall be acquired by such towns or cities 
to any vein of ^old, silver, cinnabar, copper, or lead, or to 
any valid milliner claim or possession held under existing 
law. When mineral veins are possessed within the limits 
of an incoqiorated town or city, and such possession is 
recognized by local authority or by the laws of the United 
States, the title to town lots shall be subject to such recog¬ 
nized possession and the necessary use thereof and when 
entry has been made or patent issued for such town sites 
to such incorporated town or city, the possessor of such 
mineral vein ma}^ enter and receive patent for such min¬ 
eral vein, and the surface ground appertaining thereto: 
Provided^ That no entry shall be made by such mineral- 
vein claimant for surface ground where the owner or 
occupier of the surface ground shall have had possession 
of the same liefore the inception of the title of the mineral- 
vein applicant. 

Sec. 17. That reservoir sites located or selected and to 
be located and selected under the provisions of ‘‘An act 
nndving appropriations for sundry civil expenses of the 
(Tovernment for the fiscal year ending June thirtieth, eight¬ 
een hundred and eighty-nine, and for other purposes,” and 
amendments thereto, shall be restricted to and shall con¬ 
tain only so much land as is actually necessary for the 
construction and maintenance of reservoirs, excluding so 
far as practicable lands occupied by actual settlers at the 
date of the location of said reservoirs and that the provi¬ 
sions of “An act making appropriations for sundry civil 
expenses of the Government for the fiscal year ending June 
thirtieth, eighteen hundred and ninety-one, and for other 
purposes,” which reads as follows, viz: “no person who 
shall after the passage of this act enter upon any of the 
public lands with a view to occupation, entry, or settle¬ 
ment under any of the land laws shall be permitted to 
acquire title to more than three hundred and twenty acres 
in the aggregate under all said laws,” shall be construed to 
include in the maximum amount of lands the title to which 
is permitted to be acquired by one person only agricultural 
lands and not include lands entered or sought to be entered 
under mineral land laws. 


* 


* 


* 


* 


* 


* 


* 



UNITED STATES MINING LAWS. 


17 


AN ACT to authorize the entry of lands chiefly valuable for building 
stone under the placer mining laws. 

Be it enacted hy the Senate and House of Representatives 
of the United States of America in Congress assemhled^'XA'AAol^ buTidfng 
person authorized to enter lands under the mining lawSp\a?er-^mi1^i^?| 

of the United States may enter lands that are chiefly val- _ 

liable for building stone under the provisions of the law in Act of con- 
relation to placer-mineral claims: Provided^ That lands 
reserved for the benefit of the public schools or donated to 
any State shall not be subject to entr}^ under this act. 


AN ACT to amend section numbered twenty-three hundred and 
twenty-four of the Revised Statutes of the United States, relating 
to mining claims. 


Be it enacted hy the Senate and House of Representatives 
of the United States of America in Congress assembled ^ That 
the provisions of section numbered twent3"-three hundred 
and twenty-four of the Revised Statutes of the United 
States, which require that on each claim located after the 
tenth day of May, eighteen hundred and seventy-two, and 
until- patent has been issued therefor, not' less than one 
hundred dollars’ worth of labor shall lie performed or im¬ 
provements made during each .year, be suspended for the 
3^ear eighteen hundred and ninet3"-three, so that no mining 
claim which has been regularly located and recorded as 


Requirement 
of proof.of ex¬ 
penditure*for the 
year 1893 sus¬ 
pended except as 
to South Dakota. 

Act of Con¬ 
gress approved 
Nov. 3, 1893 (28 
Stat. L.,6). 


required by the local laws and mining regulations shall be 
subject to forfeiture for nonperformance of the annual 
assessment for the 3"ear eighteen hundred and ninety- 
three: Provided^ That the claimant or claimants of any 
mining location, in order to secure the benefits of this act 
shall cause to be recorded in the office where the location 
notice or certificate is filed on or before December thirt3^- 
first, eighteen hundred and ninet3-three, a notice that he 
or the3% in good faith intend to hold and work said claim: 
Provided^ homevei\ That the provisions of this act shall 
not apply to the State of South Dakota. 

This act shall take effect from and after its passage. 


AN ACT to amend section numbered twenty-three hundred and twenty- 
four of Revised Statutes of the United States relating to mining 
claims. 


Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress cisseinbled^^^n^wxis^iorihQ 
That the provisions of section numbered twent3^-three him- ^endedextept'as 
dred and twenty-four of the Revised Statutes of the United t o south Dakota. 
States, which require that on each claim located after the Act of Con- 
tenth day of May, eighteen hundred and seventy-two, and 
until patent has been issued therefor, not less than one stat. l.,ii4). 
hundred dollars’ worth of labor shall be performed or 
improvements made during each 3"ear, be suspended for 
the 3’ear eighteen hundred and ninety-four, so that no min¬ 
ing claim which has been regularly located and recorded as » 

required 133’^ the local laws and mining regulations shall be 

T456—01-2 






18 


UNITED STATES MINING LAWS. 


sul)jec‘t to forfeiture for nonperfornuince of the Jinniial 
assessment for the year eighteen hundred and ninety-four: 
Pnnnded^ That the elaiinant or claimants of any mining 
location, in order to secure the benefits of this act, shall 
cause to be recorded in the office where the location mdice 
or certificate is tiled, on or before December thirty-first, 
eighteen hundred and ninety-four, a notice that he or they 
in good faith intend to hold and work said claim: Provuled^ 
lwwemi\ That the provisions of this act shall not apply to 
the State of South Dakota. 

Sec. 2. That this act shall take effect from and after its 
passage. 


AN ACT to authorize the entry and patenting of lan<ls containing 
petroleum and other mineral oils under the placer mining laws of 
the United States. 


Entry and pat¬ 
enting of lands 
containingpetro- 
leum and other 
mineral oils un¬ 
der the placer¬ 
mining laws. 

Act of Con¬ 
gress approved 
February 11,1897 
(29 Stat. L., 526). 


Be it enacted hy the Senate and House of Repre^efntatives 
of the United States of America in Conyress assembled^ 
That any person authorized to enter lands under the min¬ 
ing laws of the United States may enter and olitain patent 
to lands containing petroleum or other mineral oils, and 
chie% valuable therefor, under the provisions of the laws 
relating to placer mineral claims: Prodded^ TTiat lands 
containing such petroleum or other mineral oils which 
have heretofore been filed upon, claimed, or improved as 
mineral, but not yet patented, may be held and patented 
under the provisions of this act the same as if such filing, 
claim, or improvement were subsequent to the date of the 
passage hereof. 


AN ACT making appropriations for sundry civil expenses of the Gov 
ernmentfor the fiscal year ending June thirtieth, eighteen hundred 
and ninety-eight, and for other purposes. (30 Stat., 34, 35, 36). 


voi.26,p.i095. All public lands heretofore designated and reserved by 
the President of the United States under the provisions 
of the act approved March third, eighteen hundred and 
ninetv-one, the orders for which shall be and remain in 
full force and effect, unsuspended and unrevoked, and all 
public lands that may hereafter be set aside and reserved 
as public forest reserves under said act, shall be as far as 
practicable controlled and administered in accordance with 
the following provisions: 

tiSs^^'^when’^To public forest reservation shall be established, except 
be established, to improve and protect the forest within the reservation, 
or for the purpose of securing favorable conditions of 
water flows, and to furnish a continuous supply of timber 
for the use and necessities of citizens of the United States; 
but it is not the purpose or intent of these provisions, or 
of the act providing for such reservations, to authorize the 
inclusion therein of lands more valuable for the mineral 
therein, or for agricultural purposes, than for forest 
» purposes. 

***** -X- * 



UNITED STATES MINING LAWS. 


19 


The Secretary of the Interior permit, under I’egu- 
lations to be prescrii)ed by him, the use of timber and etc’.’ 
stone found upon such reservations, free of charge, by 
bona tide settlers, miners, residents, and prospectors for 
minerals, for firewood, fencing, buildings, mining, pros- 
j)ecting, and other domestic purposes, as may be needed 
l)y such persons for such purposes; such timber to be used 
within the State or Territory, respectively, where such 
reservations may be located. 

Nothing herein shall be construed as prohibiting thegrf|/^of settlers 
egress or ingress of actual settlers resiciing within the within reserva- 
boundaries ot such reservations, or from crossing the 
same to and from their property or homes; and such 
wagon roads and other improvements may be constructed 
thereon as may be necessary to reach their homes and to 
utilize their property under such rules and regulations as 
may be prescribed by the Secretary of the Interior. Nor 
shall anything herein prohibit any person from entering 
upon such forest reservations for all proper and lawful 
pur])oses, including that of prospecting, locating, and de¬ 
veloping the mineral resources thereof: Provided^ That 
such persons comply with the rules and regulations cover¬ 


ing such forest reservations. 


* 


* 


* 


* 


* 


* 


* 


Upon the recommendation of the Secretary of the In- 
terior, with the approval of the President, after sixty days- cultural lands to 
notice thereof, published in two papers ot general circu-main. 
lation in the State or Territory wherein any forest reser¬ 
vation is situated, and near the said reservation, any 
piililic lands embraced Avithin the limits of an}^ forest 
reservation which, after due examination by personal in¬ 
spection of a competent person appointed for that purpose 
by the Secretary of the Interior, shall be found better 
adapted for mining or for agricultural purposes than for 
forest usage, may be restored to the public domain. And 
any mineral lands in any forest reservation which have 
been or Avhich may be shown to be such, and subject to 
entry under the existing mining laws of the United States 
and the rules and regulations applying thereto, shall con¬ 
tinue to be subject to such location and entiy, notwith¬ 
standing any provisions herein contained. 


AN ACT extending the liomei^tead laws and providing for right of 
way for railroads in the district of Alaska, and for other purposes. 


Sec. 18. That natiA^e-bprn citizens of the Dominion of rights 

Canada shall be accorded in said district of Alaska the tive-bom citi- 
same mining rights and privileges accorded to citizens of of^can- 

the United States in British Columbia and the Northwest_ 

Territory by the laws of the Dominion of Canada or the Act of con- 
local laws, rules, and regulations; but no greater rigntSMayi 4 , i 898 (so 
shall be thus accorded than citizens of the United States, ^" 8 - 


or persons who have declared their intention to become 
such, may enjoy in said district of Alaska; and the Secre- 



20 


UNITED STATES MINING LAWS. 


Act of Con¬ 
gress approved 
June 6, 1900 ( 31 
Stat., 321-326- 
330). 


District divid' 
ed into three re' 
cording divi¬ 
sions. 


Recording dis¬ 
tricts. 


—recorder. 


Proviso. 

—of what clerk 
of the court shall 
be ex oflScio re¬ 
corder. 


Change of dis¬ 
tricts, etc. 


Record books, 
etc. 


< 

Uwy of the Interior shall from time to time promulgate and 
enforce rules and regulations to cany this provision into 
elfect. 

AN AGT making further provisions for a civil government for Alaska, 

and for other j)urposes. 

Sec. 13 . The judges of the district, or a majority of 
them, shall, as soon as practicable after their appointment, 
meet, and by appropriate order, to be thereafter entered 
in each division of the court, divide the district into three 
recording divisions, designate the division of the court to 
supervise each, and also detine the boundaries thereof by 
reference to natural objects and permanent landmarks or 
monuments, in such manner that the boundaries of (iach 
recording division can be readil}^ determined and become 
generally known from such description, which order shall 
be given publicity in such manner, ly posting, publication, 
or otherwise, as the judges or \in\ division of the court 
may direct, the necessaiy expense of the publication of 
such order and description of the recording divisions to be 
allowed and paid as other court expenses. 

At any regular or special term an order may be made 
ly the court establishing one or more recording districts 
within the recording division under the supervision of 
such division of the court and detining the boundaries 
thereof by reference to natural objects and permanent 
landmarks or monuments, in such manner that the bound¬ 
aries thereof can be readily determined. 

The order establishing a recording district shall desig¬ 
nate a commissioner to be ex ofiicio recorder thereof, and 
shall also designate the place where the commissioner shkll 
keep his recording office within the recording district: 

Provided^ clerk of the court shall be ex officio 
recorder of all that portion of the recording division under 
the supervision of his division of the court not embraced 
within the limits of a recording district established, 
bounded, and described therein as authorized by this act, 
and when an}' part of the division for which a clerk has 
been recording shall be embraced in a recording district, 
such clerk shall transcribe that portion of his records 
appertaining to such district and deliver the same to the 
commissioner designated as recorder thereof. 

Whenever it appears to the satisfaction of the court that 
the public interests demand, or that the convenience of the 
people require, the court may change or modify the 
boundaries or discontinue a recording district or change 
the location of a recording office, or remove the commis¬ 
sioner acting as ex officio recorder, and ai)point another 
commissioner to fill the office. 

8 kc. Id. The clerk as ex officio recorder must j^rocure 
such books for records as the business of his office re¬ 
quires and such as may be required ly the . respective 
commissioners designated as recorders in his division of 
the court, but orders for the same must first be obtained 



UNITED STATES MINING LAWS. 


21 


from the court or the judge thereof. The respective offi¬ 
cers acting as ex officio recorders shall have the custody 
and must keep all the books, records, maps, and papers 
deposited in their respective offices, and where a recorder 
is removed or from any cause becomes unable to act, or a 
recording district is discontinued, the records and all 
books, papers, and property relating thereto shall be de¬ 
livered to the clerk or such officer or person as the court 
or judge thereof may direct. 

The record books procured by the clerk, as herein pro¬ 
vided, shall be paid for by him, on the order of the court, 
out of any moneys in his hands, as other court expenses 
are paid. 

Sec. 15. The respective recorders shall, upon the pay- what recorded, 
ment of the fees for the same prescribed by the Attorney- 
General, record separately, in large and well-bound sepa¬ 
rate books, in fair hand: 

First. Deeds, grants, transfers, contracts to sell or con¬ 
vey real estate and mortgages of real estate, releases of 
mortgages, powers of attorney, leases which have been 
acknowledged or proved, mortgages upon personal prop- 
erty; 

Second. Certificates of marriage and marriage contracts 
and births and deaths; 

Third. Wills devising real estate admitted to probate; 

Fourth. Official bonds; 

Fifth. Transcripts of judgments which b}’' law are made 
liens upon real estate; 

Sixth. All orders and judgments made by the district 
court or the commissioners in probate matters afi'ecting 
real estate which are required to be recorded; 

Seventh. Notices and declaration of water rights; 

Eighth. Assignments for the benefit of creditors; 

Ninth. Affidavits of annual work done on mining claims; 

Tenth. Notices of mining location and declaratoiy state¬ 
ments; 

Eleventh. Such other writings as are required or per¬ 
mitted by law to be recorded, including the liens of me¬ 
chanics, laborers, and others: Notices of location Prm'iso. 

of mining claims shall be filed for record within ninety claims, 

days from the date of the discoveiy of the claim described 
in the notice, and all instruments shall be recorded in the 
recording district in which the property or subject-matter 
afi'ected by the instrument is situated, and where the 
property or subject-matter is not situated in any estab¬ 
lished recording district the instrument afi’ecting the same 
shall be recorded in the office of the clerk of the division 
of the court having supervision over the recording divi¬ 
sion in which such property or subject-matter is situated. 

Sp:c. Ifi. Any clerk or commissioner authorized to record . Accounting for 
*/ • * • 1 g6s lor u 11 r © • 

any instrument who having* collected fees for so doing fail S corded i n s t r u - 
to record such instrument shall account to his successor in “penalty, 
office, or to such person as the court may direct, for all 
the fees received by him for recording any instrument on 


22 


UNITED STATP:S MINING LAWS. 


Proviso. 

Miners regula¬ 
tions for record¬ 
ing, etc. 

—recorder. 


Records at 
Dyea, etc., Icgal- 
iz3d. 


Mining laws. 


Provisos. 

Gold, etc. Ex- 
I)lorations on 
Bering Sea. 


—miners’regula¬ 
tions. 


file jiiul unrecorded at the expiration of his official term, 
or at the time he is required to transfer his I’ecords to 
another officer under the direction of the court. And any 
clerk or commissioner who fails, neglects, or refuses to so 
account for fees received and not actually earned by the 
recording of instrument shall be deemed guilty of a mis¬ 
demeanor, and on convinction thereof shall be tined not 
less than one hundred dollars nor more than one thousand 
dollars, and imprisoned for not more than one year, or 
until the fees received and unearned as aforesaid shall have 
been properly accounted for and paid over by him, as 
hereinbefore provided. And in addition such fees may be 
recovered from such clerk or commissioner or the bonds¬ 
men of either, in a civil action which shall lie brought by 
the district attorne}", in the name of the United States, to 
recover the same; and the amount when recovered shall 
be by the court transfeured to the successor in office of 
such recorder, who shall thereupon proceed to record the 
unrecorded instruments: Provided., Miners in any organ¬ 
ized mining district may make rules and regulations gov¬ 
erning the recording of notices of location of mining 
claims, water rights, tlnines and ditches, mill sites and 
affidavits of labor, not in conflict with this act or the 
general laws of the United States; and nothing in this act 
shall be construed so as to prevent the miners in any regu¬ 
larly organized mining district not within any recording 
district established by the court from electing their own 
mining recorder to act as such until a recorder therefor is 
appointed by the court: Provided further^ All records 
heretofore regularly made by the United States commis¬ 
sioner at Dyea, Skagway, and the recorder at Douglas 
City, not in conflict with any records regularly made with 
the United States commissioner at Juneau, are hereby 
legalized. And all records heretofore made in good faith 
in anv regularl}^ organized mining district are herelw 
made public records, and the same shall be delivered to 
the recorder for the recording district including such 
mining district within six months from the passage of 
this act. 

Sec. 26. The laws of the United States relating to min¬ 
ing claims, mineral locations, and rights incident thereto 
are hereby extended to the district of Alaska: Providei., 
That subject only to such general limitations as may be 
necessary to exempt navigation from artificial obstructions 
all land and shoal water l)etween low and mean high tide 
on the shores, bays, and inlets of Bering Sea, within the 
jurisdiction of the United States, shall be subject to explo¬ 
ration and mining for gold and other precious metals by 
citizens of the United States, or persons who have legally 
declared their intentions to become such, under such reason¬ 
able rules and regulations as the miners in organized min¬ 
ing districts may have heretofore made or may hereafter 
make governing the temporary possession thereof for 
exploration and mining pui’po.ses until otherwise provided 


UNITED STATES MINING LAWS. 


23 


by law: Prcnndedfurther^ That the rules and regulations 
established l)y the miners shall not be in conflict with the— not to conflict 
mining laws of the United States; and no exclusive per-iTiws\ 
mits shall be granted by the Secretary of War authorizing 
any person or persons, corporation or company to exca¬ 
vate or mine under any of said waters below low tide, and 
if such exclusive permit has been granted it is hereby Exclusive per- 
revoked and declared null and void; but citizens of the^^^ 

United States or persons who have legally declared their 
intention to become such shall have the right to dredge 
and mine for gold or other precious metals in said waters, 
below low tide, s'ubject to such general rules and regula¬ 
tions as the Secretary of War may prescribe for the 
preservation of order and the protection of the interests 
of commerce; such rules and regulations shall not, how¬ 
ever, deprive miners on the beach of the right hereby 
given to dump tailings into or ])ump from the sea opposite 
their claims, except whei*e such dumping would actually 
obstruct navigation; and the reservation of a roadway Provision re¬ 
sixty feet wide, under the tenth section of the Act of May way!'Iftc./not to 
fourteenth, eighteen hundred and ninety-eight, entitled 
“An Act extending the homestead laws and providing for 
right of way for railroads in the district of Alaska, and 
for other purposes,” shall not apply to mineral lands or 
town sites. 

Sec. 27 . The Indians or i^ersons conducting schools or occupants of 

. . . T i • . 1 11 i 1 T i. 1 j • i .1 school or mission 

missions in the district shall not be disturbed in the pos- lands not to be 
session of any lands now actually in their use or occupation, ^missSiry sta- 
and the land, at any station not exceeding six hundred tions. 
and forty acres, now occupied as missionary stations 
among the Indian tribes in the section, with the improve¬ 
ments thereon erected by or for such societies, shall be 
continued in the occupancy^ of the several religious societies 
to which the missionary stations respectively belong, and 
the Secretary of the Interior is hereby directed to have 
such lands surveyed in compact form as nearly as practi¬ 
cable and patents issued for the same to the several societies 
to which they belong; but nothino’ contained in this 
shall be construed to put in force in the district the gen- piy. 
eral land laws of the United States. 


AN ACT extending the mining laws to saline lands. 

Be it enacted hij the Senate and Home of Eeprese^itatives 
of the United States of America in Congress assemUed, Hue lands, 
that all unoccupied lands of the United States containing 
salt springs, or deposits of salt in any form, and chiefly 3i,i9oi (3i stat., 
valuable therefor, are hereby declared to be subject to 
location and purchase under ihe provisions of the law 
relating to placer-mining claims: Provided^ That die same 
pm-son shall not locate or enter more than one claim here¬ 
under. 


24 


UNITED STATES MINING LAWS. 


REGULATIONS. 

NATURE AND EXTENT OF MINING CLAIMS. 

1. Mininof claims are of two distinct classes: Lode claims and placers. 

I.ODE CLAIMS. 

2. The status of lode claims located or patented previous to the 10th 
day of IMay, 1872, is not changed with regard to their extent along the 
lode or width of surface; but the claim is enlarged 'by sections 2322 
and 2328, by investing the locator, his heirs or assigns, with the right 
to follow, upon the conditions stated therein, all veins, lodes, or ledges, 
the top or apex of which lies inside of the surface lines of his claim. 

3. It is to be distinctly understood, however, that the law limits the 
possessory right to veins, lodes, or ledges, other than the one named 
in the original location, to such as were not adversely claimed on May 
10^ 187%^ and that where such other vein or ledge was so adversely 
claimed at that date the right of the party so adversely claiming is in 
no way impaired by the provisions of the Revised Statutes. 

4. From and after the lOth May, 1872, any person who is a citizen 
of the United States, or who has declared his intention to become a 
citizen, ma}^ locate, record, and hold a mining claim oi fifteen hundred 
linear feet along the course of any mineral vein or lode subject to loca¬ 
tion; or an association of persons, severally qualitied as above, may 
make joint location of such claim of fifteen hundred feet^ but in no 
event can a location of a vein or lode made after the 10th day of Ma}^ 
1872, exceed lifteen hundred feet along the course thereof, whatever 
may be the number of persons composing the association. 

5. With regard to the extent of surface ground adjoining a vein or 
lode, and claimed for the convenient working thereof, the Revised 
Statutes provide that the lateral extent of locations of veins or lodes 
made after May 10, 1872, shall in no case exceed three hundred feet on 
each side of the middle of the vein at the surface^ and that no such sur¬ 
face rights shall be limited by aii}^ mining regulations to less than 
twenty-five feet on each side of the middle of the vein at the surface, 
except where adverse rights existing on the 10th May, 1872, may ren¬ 
der such limitation necessaiy; the end lines of such claims to be in all 
cases parallel to each other. Said lateral measurements can not extend 
be 3 "ond three hundred feet on either side of the middle of the vein at 
the surface, or such distance as is allowed b}^ local laws. For example: 
400 feet can not be taken on one side and 200 feet on the other. If, 
however, 300 feet on each side are allowed, and by reason of prior claims 
but 100 feet can be taken on one side, the locator will not be restricted 
to less than 300 feet on the other side; and when the locator does not 
determine b}^ exploration where the middle of the vein at the surface 
is, his discoveiy shaft must be assumed to mark such point. 

6. the foregoing it will be perceived that no lode claim located 
after the 10th May, 1872, can exceed a parallelogram fifteen hundred 
feet in length by six hundred feet in width, but whether surface ground 
of that Avidth can be taken depends upon the local regulations or State 
or Territorial laws in force in the several mining districts; and that no 
such local regulations or State or Territorial laws shall limit a vein or 


UNITED STATES MINING LAWS. 


25 


lode claim to less than hfteen hundred feet along the course thereof, 
whether the location is made by one or more persons, nor can surface 
rights be limited to less than fifty feet in width unless adverse claims 
existing on the 10th day of May, 1872, render such lateral limitation 
necessary. 

7. Locators can not exercise too much care in defining their locations 
at the outset, inasmuch as the law requires that all records of mining 
locations made subsequent to May 10, 1872, shall contain the name or 
names of the locators, the date of the location, and such a description 
of tJie claim or claims located, by reference to some natural object or 
permanent monument, as will ideiltif}" the claim. 

8. No lode claim shall be located until after the discoveiy of a vein 
or lode within the limits of the claim, the object of which provision is 
evidently to prevent the appropriation of presumed mineral ground 
for speculative purposes, to the exclusion of hona fide prospectors, 
before sufficient work has been done to determine whether a vein or 
lode really exists. 

9. The claimant should, therefore, prior to locating his claim, unless 
the vein can be traced upon the surface, sink a shaft or run a tunnel 
or drift to a sufficient depth therein to discover and develop a mineral¬ 
bearing vein, lode, or crevice; should determine, if possible, the general 
course of such vein in either direction from the point of discovery, by 
which direction he will be governed in marking the boundaries of his 
claim pn the surface. His location notice should giA^e the course and 
distance as nearl}^ as practicable from the discoA^ery shaft on the claim 
toeome permanent, well-known points or objects, such, for instance, as 
stone monuments, blazed trees, the confiuence of streams, point of 
intersection of well-known gulches, ravines, or roads, prominent buttes, 
hills, etc., which may be in the immediate vicinity, and which will serve 
to perpetuate and fix the locus of the claim and render it susceptible of 
identification from the description thereof given in the record of loca¬ 
tions in the district, and should be duly recorded. 

10. In addition to the foregoing data, the claimant should state the 
names of adjoining claims, or, if none adjoin, the relative positions of 
the nearest claims; should drive a post or erect a monument of stones 
at each corner of his surface ground, and at the point of discovery or 
discovery shaft should fix a post, stake, or board, upon Avhich should be 
designated the name of the lode, the name or names of the locators, 
the number of feet claimed, and in Avhich direction from the point of 
discovery; it being essential that the location notice filed for record, in 
addition to the foregoing description, should state Avhether the entire 
claim of fifteen hundred feet is taken on one side of the point of dis¬ 
covery, or whether it is partly upon one and partly upon the other side 
thereof, and in the latter case, hoAV many feet are claimed upon each 
side of such discoA^ery point. 

11. The location notice must be filed for record in all respects as 
required by the State or Territorial laws and local rules and regula¬ 
tions, if there be any. 

12. In order to hold the possessory title to a mining claim located 
prior to IMay 10, 1872, the law requires that ten dollars shall be 
expended annually in labor or improvements for each one hundred feet 
in length along the A^ein or lode. In order to hold the possessory 
right to a location made since May 10,1872, not less than one hundred 
dollars’ Avorth of labor must be/performed or improvements made 


26 


UNITED STATES MINING LAWS. 


thereon annimlly. Under the provisions of the act of Congress 
aj)proved January 22, 1880, the hrst annual expenditure becomes due 
and must be performed during the calendar yeai‘ succeeding thiit in 
which the location was made. Where a number of claiius are held in 
common, the aggregate expenditure that would be necessary to hold 
all the claims, may be made upon any one claim. 

13. Failure to make the expenditure or perform the labor recpiired 
upon a location made before or since May 10,1872, will subject a claim 
to relocation, unless the original locator, his heirs, assigns, or legal rep¬ 
resentatives have resumed work after such failure and befoi*e relocation. 

l-l. Annual expenditure is not required subsequent to entry, the date 
of issuing the patent certificate being the date contemplated by statute. 

15. Upon the failure of any one of several coowners to contribute 
his proportion of the required expenditures, the coowners, who have 
performed the labor or made the improvements as required, may, at the 
expiration of the year, give such delinquent coowner personal notice 
in writing, or notice by publication in the newspaper published nearest 
the claim for at least once a week for ninety days; and if upon the expira¬ 
tion of ninety days after such notice in writing, or upon the expiration 
of one hundred and eighty da 3 ^s after the first newspaper publication of 
notice, the delinquent coowner shall have failed to contribute his pro¬ 
portion to meet such expenditures or improvements, his interest in the 
claim by law passes to his coowners who have made the expenditures 
or improvements as aforesaid. Where a claimant alleges ownership of 
a forfeited interest under the foregoing provision, the sworn statement 
of the publisher as to the facts of publication, giving dates and a printed 
copy of the notice published, should be furnished, and the claimant 
must swear that the delinquent coowner failed to contribute his proper 
proportion within the period fixed b}" the statute. 


TUNNELS. 

16., The effect of section 2323, Revised Statutes, is to give the propri¬ 
etors of a mining tunnel run in good faith the possessoiy right to fifteen 
hundred feet of an\^ blind lodes cut, discovered, or intersected by such 
tunnel, which were not previously known to exist, Avithin three thou¬ 
sand feet from the face or point of commencement of such tunnel, and 
to prohibit other parties, after the commencement of the tunnel, from 
prospecting for and making locations of lodes on the line thereof nwdi 
Avithin said distance of three thousand feet, unless such lodes appear 
upon the surface or Avere previously known to exist. The term ‘‘face,” 
as used in said section, is construed and held to mean the first Avorking 
face formed in the tunnel, and to signify the point at Avhicli the tunnel 
actualh^ enters cover; it being from this point that the three thousand 
feet are to be counted upon Avhich prospecting is prohibited as afore¬ 
said. 

17. To avail themselves of the benefits of this provision of laAv, the 
proprietors of a mining tunnel Avill be required, at the time they enter 
cover as aforesaid, to give proper notice of their tunnel location b}^ 
erecting a substantial post, board, or monument at the face or point 
of commencement thereof, upon Avhich should be posted a good and 
sufficient notice, giving the names of the parties or company claiming 
the tunnel right; the actual or proposed course or direction of the 
tunnel; the height and Avidth thereof, and the course and distance from 
such face or point of commencement to some permanent Avell-knoAvu 


UNITED STATES MINING LAWS. 


27 


ol^jects in the vicinit}^ by which to fix and determine the locus in 
manner heretofore set forth applicable to locations of veins or lodes, 
and at the time of posting such notice they shall, in order that miners 
or prospectors may be enabled to determine whether or not they are 
within the lines of the tunnel, establish the boundary lines thereof, 
by stakes or monuments placed along such lines at proper intervals, 
to the terminus of the three thousand feet from the face or point of 
commencement of the tunnel, and the lines so marked will define and 
govern as to the specific boundaries within which prospecting for lodes 
not previously known to exist is prohibited while work on the tunnel 
is being prosecuted with reasonable diligence. 

18. At the time of posting notice and marking out the lines of the 
tunnel as aforesaid, a full and correct copy of such notice of location 
defining the tunnel claim must be filed for record with the mining 
recorder of the district, to which notice must be attached the sworn 
statement or declaration of the owners, claimants, or projectors of such 
tunnel, setting forth the facts in the case; stating the amount expended 
by themselves and their predecessors in interest in prosecuting work 
thereon; the extent of the work performed, and that it is horiafiaeth^iv 
intention to prosecute work on the tunnel so located and described with 
reasonable diligence for the development of a vein or lode, or for the 
discovery of mines, or both, as the case may be. This notice of loca¬ 
tion must be duly recorded, and, with the said sworn statement attached, 
kept on the recorder’s files for future reference. 

PLACER CLAIMS. 


19. But one discovery of mineral is required to support a placer loca¬ 
tion, whether it be of twenty acres by an individual, or of one hundred 
and sixty acres or less by an association of persons. 

20. The act of August 4,1892, extends the mineral-land laws so as to 
bring lands chiefly valuable for building stone within the provisions of 
said law by authorizing a placer entry of such lands. Registers and 
receivers should make a reference to said act on the entry papers in 
the case of all placer entries made for lands containing stone chiefly 
valuable for building purposes. Lands reserved for the benefit of 
public schools or donated to any State are not subject to entry under 
said act. 

21. The act of Februaiy 11,1897, provides for the location and entry 
of public lands chiefly valuable for petroleum or other mineral oils, 
and entries of that nature made prior to the passage of said act are to 
be considered as though made thereunder. 

22. By section 2330 authority is given for the subdivision of forty- 
acre legal subdivisions into ten-acre lots, which is intended for the 
greater convenience of miners in segregating their claims both from 
one another and from intervening agricultural lands. It is held, there¬ 
fore, that under a proper construction of the law these ten-acre lots in 
mining districts should be considered and dealt with, to all intents and 
purposes, as legal subdivisions, and that an applicant having a claim 
which conforms to one or more of these ten-acre lots, contiguous in 
case of two or more lots, may make entry thereof, after the usual pro¬ 
ceedings, without further survey or plat. 

23. In cases of this kind, however, the notice given of the applica¬ 
tion must be very specific and accurate in description, and as the forty- 


28 


IINITKl) STATES MINING LAWS. 


aero tracts may l)o sulxliyidod into ton-aere lots, either in the form ol 
s(jiiares of ten hy ten chains, or, if.parallelo<^rams, live l)v twenty 
chains, so lon^ as the lines are parallel and at rij^ht anodes with the 
lines of the public surveys, it will he necessary that the notice and 
ap[)lication state specilicall}" what ten-acre lots ai’e sought to be pat¬ 
ented in addition to the other data recpiii'ed in the notice. 

2d. Where the ten-acre subdivision is in the form of a s(piare it may 
))e described, for instance, as the “SE. i of the \ of the NW. i,” 
or, if in the form of a parallelogram as aforesaid, it may be described 
as the ‘"W. ^ of the A\ . i of the SW. \ of the NW. ^ (or the N. ^ of 

the S. i of the NE. i of the SE. i) of section-, township-, 

range-,” as the case may be; but, in addition to this description 

of the land, the notice must give all the other d<ita that is required in 
a mineral application, hy which parties may be put on inquiry as to 
the premises sought to be patented. The proofs submitted with appli¬ 
cations fo)‘ claims of this kind must show clearly the character and the 
extent of the improvements upon the premises. 

25. The proof of improvements must show their v^alue to be not less 
ih'nwjive hundred dollars and that they were made b}^ the applicant for 
patent or his grantors. This proof should consist of the affidavit of two 
or more disinterested witnesses. The annual expenditure to the amount 
of ^100, recpiired by section 232d, Revised Statutes, must be made upon 
placer claims as well as lode claims. 

20. Applicants for patent to a pbicer claim, who are also in possession 
of a known vein or lode included therein, must state in their applica¬ 
tion that the placer includes such vein or lode. The published and 
posted notices must also include such statement. If veins or lodes 
lying within a placer location are owned by other parties, the fact 
should be distinctly stated in the application for patent, and in all the 
notices. But in all cases, whether the lode is claimed or excluded, it 
must be surveyed and marked upon the plat, the field notes and plat 
giving the area of the lode claim or claims and the area of the placer 
separately. An application which omits to claim such known vein or 
lode must be construed as a conclusive declaration that the applicant 
has no right of possession to the vein or lode. Where there is no known 
lode or vein, the fact must appear by the affidavit of two or more 
witnesses. 


27. section 2330 it is declared that no location of a placer claim, 
made after July 9, 1870, shall exceed one hundred and sixty acres for 
any one person or association of persons, which location shall conform 
to the United States surve 3 "s. 

28. Section 2331 provides that all placer-mining claims located after 
Ma}^ 10, 1872, shall conform as nearly as practical)le with the United 
States system of public-land surveys and the rectangular subdivisions 
of such surve^^s, and such locations shall not include more than twent}^ 
acres for each individual claimant. 

29. The foregoing provisions of law are construed to mean that after 
the 9th day of Juh% 1870, no location of a placer claim can be made to 
exceed one hundred and sixty acres, whatever ma\^ l)e the number of 
locators associated together, or whatever the local regulations of the 
district may allow; and that from and after Ma}" 10, 1872, no location 
can exceed twenty acres for each individual participating therein; that 
is, a location by two persons can not exceed forty acres, and one by 
three persons can not exceed sixty acres. 

30. The regulations hereinbefore given as to the manner of marking 





UNITED STATES MINING LAWS. 


29 


locations on the ground, and placing the same on record, must l)e 
observed in the case of placer locations so far as the same are applica¬ 
ble, the law requiring, however, that all placer mining claims located 
after May 10, 1872, shall conform as near as practicable with the 
United States system of public land surveys and the rectangular sul)- 
divisions of such surveys, whether the locations are upon surveyed or 
unsurve 3 "ed lands. 


REGULATIONS UNDER SALINE ACT. 

31. Under the act approved January 31,1901, extending the mining 
laws to saline lands, the provisions of the law relating to placer-mining 
claims are extended to all States and Territories and the district of 
Alaska, so as to permit the location and purchase thereunder of all 
unoccupied public lands containing salt springs, or deposits of salt in 
any form, and chiefl}" valuable therefor, with the proviso, ‘‘That the 
same person shall not locate or enter more than one claim hereunder.” 

32. Rights ol)tained hj location under the placer-mining laws are 
assignable, and the assignee may make the entiy in his own name; so, 
under this act a person holding as assignee may make entiy in his own 
name: Provided^ He has not held under this act, at any time, either as 
locator or entiyman, any other lands; his right is exhausted l)v hav¬ 
ing held under this act any particular tract, either as locator or entiy¬ 
man, either as an individual or as a member of an association. It 
follows, therefore, that no application for patent or entr}^, made under 
this act, shall embrace more than one single location. 

33. In order that the conditions imposed by the proviso, as set forth 
in the above paragraph, \\VA.y duly appear, the notice of location pre¬ 
sented for record and the application for patent must each contain a 
specific statement under oath by each person whose name appears 
therein that he never has, either as an individual or as a member of 
an association, located or entered any other lands under the provisions 
of this act. Assignments made by persons who are not severally quali¬ 
fied as herein stated will not be recognized. 


PROCEDURE TO OBTAIN PATENT TO MINERAL LANDS. 


LODE CLAIMS. 


3-1:. The claimant is required, in the first place, to have a correct 
survey of his claim made under authority of the surveyor-general of 
the State or Territory in which the claim lies, such surve}^ to show Avith 
accuracy the exterior surface boundaries of the claim, which bound¬ 
aries are required to be distinctly marked by monuments on the ground. 
Four plats and one copy of the original field notes in each case will be 
prepared by the surveyor-general; one plat and the original field iiotes 
to f)c retained in the office of the surveyor-general, one copy of the 
plat to he given the claimant for posting upon the claim, one plat and 
a copy of the field notes to be given the claimant for filing with the 
proper register, to be finally transmitted by that officer, with other 
papers in the case, fo this office, and one plat to be sent by the surveyor- 
general to the register of the proper land district, to be retained on his 
files for future reference. As there is no resident surveyor-general 
for the State of Arkansas, applications for the survey of mineral claims 
in said State should be made to the Commissioner of this office, who, 
under the law, is officio the U. S. surveyor-general. 


30 


UNITED STATES MINING LAWS. 


35. The survey and plat of mineral claims recpiired to })e tiled in the 
proper land office with application for patent must he mad(‘ siil)S(‘(juont 
to the recording of the location of the claim (if the laws of the State or 
Territoiy or the regulations of the mining district require the notice 
of location to be recorded), and when the original location is made by 
survey of a United States deputy surve 3 "or such location survey can 
not be substituted for that required ly the statute, as above indicated. 

3(). The surveyors-general should designate all surveyed mineral 
claims bv a progressive series of numbers, beginning with survey No. 
37, irrespective as to whether they are situated on surve 3 "ed or unsur- 
ve 3 "ed lands, the claim to be so designated at date of issuing the order 
therefor, in addition to the local designation of the claim; it being 
required in all cases that the plat and held notes of the surve 3 " of a 
claim must, in addition to the reference to permanent objects in the 
neighborhood, describe the locus of the claim with reference to the 
lines of public surve 3 ^s by a line connecting a corner of the claim with 
the nearest i)ul)lic corner of the United States sul•ve 3 ^s, unless such 
claim l)e on unsurve 3 "ed lands at a distance of more than two miles 
from such public corner, in which latter case it should be con needed 
with a United States mineral monument. Such connecting line must 
not be more than hro miles in length, and should be measured on the 
ground direct between the points, or calculated from a(*tuall 3 " surve 3 a^d 
traverse lines if the nature of the countiy should not permit direct 
measurement. If a regularl 3 ^ established survey corner is within two 
miles of a claim situated on unsurve 3 ^ed lands, the connection should l)e 
made with such corner in preference to a connection with a United 
States mineral monument. The connecting line or traverse line must 
be surveved bv the deputv mineral survevor at the time of his making 
the particular surve 3 ", and be made a part thereof. 

37. Upon the approval of the surve 3 ^ of a mining claim made upon 
surveyed lands the surveyor-general will prepare and transmit to the 
local land office and to this office a diagram made upon the usual draw¬ 
ing paper township blank, shoAving the portions of legal 4b-acre sub¬ 
divisions made fractional by reason of the mineral survev, designating 
each of such portions 1)3" the proper lot number, beginning with No. 1 
in each section, and giving the area of each lot. 

38. The following particidai*s should be observed in the survey of 
every mining claim: 

(1) The exterior boundaries of the claim, the number of feet claimed 
along the vein, and, as nearlA^ as can be ascertained, the direction of the 
vein, and the number of feet claimed on the vein in each direction from 
the point of discoveiy or other Avell-detined place on the claim should 
be represented on the plat of surve 3 ^ and in the field notes. 

(2) The intersection of the lines of the surve 3 " Avith the lines of con¬ 
flicting prior survevs should be noted in the field notes and represented 
upon the plat. 

(3) Conflicts Avith unsurve3"ed claims, where the applicant for surve3' 
does not claim the area in conflict, should be shoAvn by actual surve 3 ". 

( 4 ) The total area of the claim embraced 1)3" the exterior boundaries 
should be stated, and also the area in conflict Avith each intersecting 
suiwc'a", substantialIv as folloAA"s: 


Acres. 


Total area of claim. 10. 50 

Area in conflict Avith survey No. 302. 1.56 

Area in conflict Avith survey No. 948.'. 2. 33 

Area in conflict with Mountain Maid lode mining claim, unsurveyed. 1. 48 






UNITED STATES MINING LAWS. 


31 


It does not follow that because mining surveys are required to exhibit 
all conflicts with prior surveys the areas of conflict are to be excluded. 
The field notes and plat ar'e made a part of the application for patent, 
and care should be taken that the description does not inadvertently 
exclude portions intended to be retained. ^ The application for patent 
should state the portions to be excluded in express terms. 

39. The claimant is then recpiired to post a copy of the plat of such 
surve}" in ji conspicuous place upon the claim, together with notice of 
his intention to apply foi* a patent therefor, whicS notice will give the 
(kite of posting, the name of the claimant, the name of the claim, the 
number of the survey, the mining district and count}^ and the names 
of adjoining and conflicting claims as shown by the plat of survey. Too 
much care can not be exercised in the preparation of this notice, inas¬ 
much as the data therein are to be repeated in the other notices rexpiired 
by the statute, and upon the accuracy and completeness of these notices 
will depend, in a great measure, the regularity and validity of the pro¬ 
ceedings for patent. 

40. After posting the said plat and notice upon the premises, the 
claimant will file with the proper register and receiver a cop}" of such 
plat and the field notes of survey of the claim, accompanied l)y the affi¬ 
davit of at least two credible witnesses that such plat aud notice are 
posted conspicuously upon the claim, giving the date and place of such 
posting; a copy of the notice so posted to be attached to and form a 
part of said affidjivit. 

4:1. Accompanying the field notes so filed must be the sworn state¬ 
ment of the claimant that he has the possessory right to the premises 
therein described, in virtue of a compliance by himself (and by his 
grantors, if he claims by purchase) with the mining rules, regulations, 
and customs of the mining district. State, or Territory in which the 
claim lies, and with the mining laws of Congress; such sworn state¬ 
ment to narrate briefly, but as clearly as possible, the facts constitut¬ 
ing such compliance, the origin of his possession, and the basis of his 
claim to a patent. 

42. This sworn statement must l)e supported by a copy of the loca¬ 
tion notice, certified by the officer in charge of the records where the 
same is recorded, and where the applicant for patent claims the inter¬ 
ests of others associated with him in making the location, or only as 
purchaser, in addition to the copy of the location notice, must be fur¬ 
nished a complete abstract of title as shown by the record in the office 
where the transfers are by law required to f)e recorded, certified to by 
the officer in charge of the record under his official seal. The officer 
should also certify that no conveyances affecting the title to the claim 
in (question appear of record other than those set forth in the abstract, 
which abstract shall be brought down to the date of the application 
for patent. Where the applicant claims as sole locator and does not 
furnish an abstract of title, his affidavit should l)e furnished to the 
effect that he has disposed of no interest in the land located. 

43. In the event of the mining records in any case having been 
destroyed by fire or otherwise lost, affidavit of the fact should be made, 
{ind secondary evidence of possessory title will be received, which may 
coiisist of the affidavit of the claimant, supported by those of any other 
paidies cognizant of the facts relative to his location, occupancy, pos¬ 
session, improvements, &v .; and in such case of lost records, any deeds, 
certificates of location or purchase, or other evidence which may be in 
the claimant’s possession and tend to establish his claim, should be tiled. 


82 


UNITED STATES MINING LAWS. 


44. Before receiving and liling a mineral a|)i)lication for paUmt, local 
officers will be particular to see that it includes no land which is 
embraced in a prior or pending application for pabmt or entry, or for 
any lands embraced in a railroad selection, or for which publication is 
pending or has been made by any other claimants, and if, in their 
opinion, after investigation, it should appear that a mineral applica¬ 
tion should not, for these or other reasons, be accepted and tiled, they 
should formally reject the same, giving the reasons therefor, and allow 
the applicant thirty days for appeal to this office under the Rules of 
Practice. 

45. Upon the receipt of these papers, if no reason a])pears for reject¬ 
ing the application, the register will, at the expense of the claimant 
(who must furnish the agreement of the publishei' to hold applicant for 
patent alone responsible for charges of publication), publish a notice of 
such application for the period of sixty days in a newspaper published 
nearest to the claim, and will post a copy of such notice in his office 
for the same period. When the notice is published in a weekly news¬ 
paper, nine consecutive insertions are necessary; when in a daily news¬ 
paper, the notice must appear in each issue for sixt 3 "-one consecutive 
issues. In both cases the first day of issue must be excluded in esti¬ 
mating the period of sixty da 3 ^s. 

46. The notices so published and posted must embrac*e all the data 
given in the notice posted upon the claim. In addition to such data 
the published notice must further indicate the locus of the claim by 
giving the connecting line, as shown b}" the field notes and plat, between 
a corner of the claim and a United States mineral monument or a corner 
of the public survey, and thence the boundaries of the claim by courses 
and distances. 

47. The register shall publish the notice of application for patent in 
a paper of established character and general circulation, to be l)y him 
designated as being the newspaper published nearest the land. 

48. The claimant at the time of filing the application for patent, or 
at an}^ time within the sixty days of publication, is recpiired to file with 
the register, a certificate of the surveimr-general that not less than 
five hundred dollars’ worth of labor has been expended or improve¬ 
ments made, b}" the applicant or his grantors, upon each location 
embraced in the application, or if the application em])races several 
locations held in common, that an amount equal to five hundred dollars 
for each location, has been so expended upon, and for the benefit of, 
the entire group; that the plat filed Iw the claimant is correct; that the 
field notes of the survev, as filed, furnish such an accurate description 
of the claim as will if incorporated in a patent serve to fully identify 
the premises and that such reference is made '’.herein to natural objects 
or permanent monuments as will perpetuate and fix the'locus thereof: 
Prewided^ That as to all applications for patent made and passed to 
entiw before dul^^ 1, 1898, or which are by protests or adverse claims 
prevented from being passed to entrv before that time, where the appli¬ 
cation embraces several locations held in common, proof of an expendi¬ 
ture of five hundred dollars upon the group will be sufficient and an 
expenditure of that amount need not be shown to have been made 
upon, or for the benefit of, each location embraced in the application. 

49. The surveyor-general may derive his information upon which to 
base his certificate as to the value of labor expended oi- improvements 
made from his deputy who makes the actual survey and examination 




UNITED STATP:S MINING LAWS. 


83 


upon the premises, and such deputy should specify with particularity 
and full detail the character and extent of such improvements. 

50. It will be the more convenient way to have this certificate indorsed 
by tho surveyor-gene’*al, both upon the plat and field notes of survey 
filed by the claimant as aforesaid. 

51. Aftei* the sixty days’ period of newspaper publication has expired, 
the claimant will furnish from the office of publication a sworn state¬ 
ment rhat the notice was published for the statutory period, giving the 
first and last day of such publication, and his own affidavit showing 
that the plat and notice aforesaid remained conspicuously posted upon 
the claim sought to be patented during said sixty days’ publication, 
giving the dates. 

52. Upon the filing of this affidavit the register will, if no adverse 
claim was filed in his office during the period of publication, permit 
the claimant to pay for the land acconling to the area given in the plat 
and field notes of surve}" aforesaid, at the rate of five dollars for each 
acre and five dollars for each fractional part of an acre, except as other¬ 
wise provided by law, the receiver issuing the usual duplicate receipt 
therefor. The claimant will also make a sworn statement of all charges 
and fees paid by him for publication and surve 3 "s, together with all 
fees and money paid the register and receiver of the land office, after 
which the complete record will be forwarded to the Commissioner of 
the General Land Office and a patent issued thereon if found regular. 

53. At any time prior to the issuance of patent, protest may be filed 
against the patenting of the claim as applied for, upon any ground 
tending to snow that the applicant has failed to comply with the law 
in a matter which would avoid the claim. Such protest can not, how¬ 
ever, be made the means of preserving a surface conflict lost by failure 
to adverse or lost by the judgment of the court in an adverse suit. One 
holding a present joint interest in a mineral location included in an 
application for patent who is excluded from the application, so that his 
interest w^ould not be protected b}^ the issue of patent thereon, may 
protest against the issuance of a patent as applied for, setting forth in 
such protest the nature and extent of his interest in such location, and 
such a protestant will be deemed a party in interest entitled to appeal. 
This results from the holding that a coowner excluded from an applica¬ 
tion for patent does not have an ‘‘adverse” claim within the meaning 
of sections 2325 and 2326 of the Revised Statutes. See Turner v. Saw¬ 
yer, 150 U. S., 578-586. 

54. Any party appl 3 fing for patent as trustee must disclose fulh" the 
nature of the trust and the name of the cestui que trust; and such 
trustee, as well as the beneficiaries, must furnish satisfactoiy proof of 
citizenship; and the names of beneficiaries, as well as that of the trus¬ 
tee, uiiist be inserted in the final certificate of entiy. 

55. The annual expenditure of one hundred dollars in labor or 
improvements on a mining claim, required by section 2324 of the 
Revised Statutes, is solely a matter between rival or adverse claimants 
to the same mineral land, and goes only to the right of possession, the 
determination of which is committed exclusively to the courts. 

56. The failure of an applicant for patent to a mining claim to pros¬ 
ecute his application to completion, by filing the necessary proofs and 
making pavnient for the land, within a reasonable time after the 
expiration of the period of publication of notice of the application, or 
after the tei‘mination of adverse proceedings in the courts, constitutes 


4456-01- 


-3 



84 


UNITED STATP^S MINING LAM^S. 


51 w5iivor 1)V the sipplicant of 5ill rij^hts ()))t5iined by the earlier pro¬ 
ceedings upon the sipplieiition. i- 4 .* 

57. The proceedings necessary to the completion of 5in application 
for piitent to a mining claim, against which an adverse claim or pro¬ 
test has been tiled, if taken by the applicant at the first oppoitunity 
afforded therefor under the law and departmental practice, wdll be as 
efiective as if taken at the date when, but for the adverse claim or 
protest, the proceedings on the application could have been completed. 


PLACER CLAIMS. 


58. The proceedings to obtain patents for placer claims, including 
all forms of mineral deposits excepting veins of quartz or other rock 
in place, are similar to the proceedings prescribed for obtaining pat¬ 
ents for vein or lode claims; but where a placer claim shidl be upon 
surve^^ed lands, and conforms to legal subdivisions, no further survey 
or plat will be required. Where placer claims can not be conformed 
to legal subdivisions, survey and plat shall be made as on unsurveyed 
lands. 

50. The proceedings for obtaining patents for veins or lodes having 
already been fully given, it will not be necessaiT to repeat them here, 
it being thought that careful attention thereto by applicants and .the 
local officers will enable them to act understandingly in the matter, 
and make such slight modifications in the notice, or otherwise, as ma}^ 
be necessaiy in view of the different nature of the two classes of claims; 
placer claims being fixed, however, at two dollars and fifty cents per 
acre, or fractional part of an acre. 

60. In placer applications for patent care must be exercised to deter¬ 
mine the proper classification of the lands claimed. To this end the 
clearest evidence of which the case is capable should be presented. 

(1) If the claim be all placer ground, that fact must be stated in the 
application and corroborated by accompanying proofs; if of mixed 
placers and lodes, it should be so set out, with a description of all 
known lodes situated within the boundaries of the claim. A specific 
declaration, such as is required b}^ section 2333, Revised Statutes, must 
be furnished as to each lode intended to be claimed. All other known 
lodes are, by the silence of the applicant, excluded by law from all 
claim by him, of whatsoever nature, possessoiy or otherwise. 

(2) Deputy surveyors shall, at the expense of the parties, make full 
examination of all placer claims surveyed by them, and duly note the 
facts as specified in the law. stating the qualit}" and composition of the 
soil, the kind and amount of timber and other vegetation, the locus and 
size of streams, and such other matters as may appear upon the surface 
of the claim. This examination should include the character and 
extent of all surface and underground workings, whether placer or 
lode, for mining purposes. 

(3) In addition to these data, which the law requires to be shown in 
all cases, the deput}^ should report Avith reference to the proximity of 
centers of trade or residence; also of well-known s 3 "stems of lode deposit 
or of individual lodes. He should also report as to the use or adapta¬ 
bility of the claim for placer mining; whether water has been brought 
upon it in sufficient quantity to mine the same, or whether it can be 
procured for that purpose; and, finall^^, what works or expenditures 
have been made b^^ the claimant or his grantors for the development of 


UNITED 8TATES MINING LAWS. 


85 


the claim, and their situation and location with respect to the same as 
applied for. 

(4) This examination should be reported by the deputy under oath to 
the surveyor-general, and duly corroborated; and a copy of the same 
should be furnished with the application for patent to the claim, con¬ 
stituting a part thereof, and included in the oath of the applicant. 

(5) Applications aw^aiting entry, whether published or not, must be 
made to conform to these regulations, with respect to examination as to 
the character of the land. Entries alread}" made will be suspended for 
such additional proofs as may be deemed necessary in each case. 


MILL SITES. 


61. Land entered as a mill site must be shown to be nonmineral. 
Mill sites are simply auxiliary to the working of mineral claims, and as 
section 2337, which provides for the patenting of mill sites, is embraced 
in the chapter of the Revised Statutes relating to mineral lands, they 
are therefore included in this circular. 

62. To avail themselves of this provision of law parties holding the 
possessory right to a vein or lode, and to a piece of nonmineral land not 
contiguous thereto for mining or milling purposes, not exceeding the 
quantity allowed for such purpose by section 2337, or prior laws, under 
which the land was appropriated, the proprietors of such vein or lode 
may file in the proper land office their application for a patent, under 
oath, in manner already set forth herein, which application, together 
with the plat and field notes, may include, embrace, and describe, in 
addition to the vein or lode, such noncontiguous mill site, and after due 
proceedings as to notice, etc., a patent will be issued conveying the 
same as one claim. The owner of a patented lode may, by an independ¬ 
ent application, secure a mill site if good faith is manifest in its use or 
occupation in connection with the lode and no adverse claim exists. 

63. Where the original survey includes a lode claim and also a mill 
site the lode claim should be described in the plat and field notes as 
‘‘Sur. No. 37, A,” and the mill site as “Sur. No. 37, B,” or whatever 
may be its appropriate numerical designation; the course and distance 
from a corner of the mill site to a corner of the lode claim to be invari¬ 
ably given in such plat and field notes, and a copy of the plat and notice 
of application for patent must be conspicuously posted upon the mill 
site as well as upon the vein or lode for the statutory period of sixty 
days. In making the entry no separate receipt or certificate need be 
issued for the mill site, but the whole area of both lode and mill site 
will be embraced in one entry, the price being five dollars for each acre 
and fractional part of an acre embraced by such lode and mill-site 
claim. 


64. In case the owner of a quartz mill or reduction works is not the 
owner or claimant of a vein or lode the law permits him to make appli¬ 
cation therefor in the same manner prescribed herein for mining claims, 
and after due notice and proceedings, in the absence of a valid adverse 
filing, to enter and receive a patent for his mill site at said price per 


acre. 

65. In eveiy case there must be satisfactory proof that the land 
claimed as a mill site is not mineral in character, which proof may, 
where the matter is unquestioned, consist of the sworn statement of 
two or more persons capable, from acquaintance with the land, to testify 
understandingly. 


36 


UNITED STATES MINING LAWS. 


CITIZENSHIP. 


06. The proof necessary to establish the citizenshiji of applicants for 
mining patents must be made in the following manner: In case of an 
incorporated compan}^ a certified copy of their charter or certificate of 
incorporation must be filed. In case of an association of persons unin¬ 
corporated, the affidavit of their duly authorized agent, made upon his 
own knowledge or upon information and belief, setting forth the resi¬ 
dence of each person forming such association, must be submitted. 
This affidavit must be accompanied by a power of attorney from the 
parties forming such association, authorizing the person who makes the 
affidavit of citizenship to act for them in the matter of their application 
for patent. 

67. In case of an individual or an association of individuals who do 
not appear by their duly authorized agent, you will require the affida¬ 
vit of each applicant, showing whether he is a native or naturalized 
citizen, when and where born, and his residence. 

68. In case an applicant has declared his intention to become a citi¬ 
zen or has been naturalized, his affidavit must show the date, place, 
and the court before which he declared his intention, or from which his 
certificate of citizenship issued, and present residence. 

69. The affidavit of the claimant as to his citizenship may be taken 
before the register or receiver, or any other officer authorized to admin¬ 
ister oaths within the land district; or, if the claimant is residing 
be 3 "ond the limits of the district, the affidavit may be taken before the 
clerk of any court of record or before an}^ notaiy public of an^^ State 
or Territoiy. 

70. If citizenship is established hy the testimonv of disinterested 
persons, such testimony may be taken at an\" place before an 3 " person 
authorized to administer oaths, and whose official character is duly 
verified. 


71. No entry will be allowed until the register has satisfied himself, 
hy careful examination, that proper proofs have been filed upon the 
points indicated in the law and official regulations. Transfers made 
subsequent to the filing of the application for patent will not be con¬ 
sidered, but entry will be allowed and patent issued in all cases in the 
name of the applicant for patent, the title conve 3 ^ed ly the patent, of 
course, in each instance inuring to the transferee of such applicant 
where a transfer has been made pending the application for patent. 

72. The consecutive series of numbers of mineral entries must be con¬ 
tinued, whether the same are of lode or placer claims or mill sites. 

73. In sending up the papers in a case the register must not omit 
certifying to the fact that the notice was posted in his office for the full 
period of sixt 3 ^ da 3 "s, such certificate to state distinctly when such post¬ 
ing was done and how" long continued. The plat forwarded as part of 
the proof should not be folded^ but rolled^ so as to prevent creasing, 
and either transmitted in a separate package or so enclosed ^vith the 
other papers that it may pass through the mails without creasing or 
mutilation. If forwarded separateh", the letter transmitting the papers 
should state the fact. 




UNITED STATES MINING LAWS. 


37 


POSSESSORY RIGHT. 


74. The provisions of section 2332, Revised Statutes, will greatly 
lessen the luirden of proof, more especially in the case of old claims 
located many years since, the records of which, in many cases, have 
been destroyed by tire, or lost in other ways during the lapse of time, 
but concerning the possessory right to which all controversy or litiga¬ 
tion has long been settled. 

75. When an applicant desires to make his proof of possessory right 
in accordance with this provision of law, he will not be required to 
produce evidence of location, copies of conve 3 uinces, or abstracts of 
title, as in other cases, but will be required to furnish a duly certified 
copy of the statute of limitation of mining claims for the State or Ter¬ 
ritory, together with his sworn statement giving a clear and succinct 
narration of the facts as to the origin of his title, and likewise as to the 
continuation of his possession of the mining ground covered by his 
application; the area thereof; the nature and extent of the mining that 
has been done thereon; whether there has been any opposition to his 
possession, or litigation with regard to his claim and, if so, when the 
same ceased; whether such cessation was caused by compromise or 1)}^ 
judicial decree, and any additional facts within the claimant’s knowl¬ 
edge having a direct bearing upon his possession and bona fides which 
he nia^" desire to submit in support of his claim. 

76. There should likewise be filed a certificate, under seal of the 
court having jurisdiction of mining cases within the judicial district 
embracing the claim, that no suit or action of an}" character whatever 
involving the right of possession to any portion of the claim applied 
for is pending, and that there has been no litigation before said court 
aflecting the title to said claim or any part thereof for a period equal 
to the time fixed by the statute of limitations for mining claims in the 
State or Territory as aforesaid, other than that which has been finally 
decided in favor of the claimant. 

77. The claimant should support his narrative of facts relative to his 
possession, occupancy, and improvements by corroborative testimony 
of any disinterested person or persons of credibility who may be cogni¬ 
zant of the facts in the case and are capable of testifying understand- 
ingly in the premises. 


ADVERSE CLAIMS. 


78. An adverse mining claim must be filed with the register and 
receiver of the land office where the application for patent was filed, 
or with the register and receiver of the district in which the land is 
situated at the time of filing the adverse claim. It must be on the 
oath of the adverse claimant, or it may be verified by the oath of any 
duly authorized agent or attorney m fact of the adverse claimant cog¬ 
nizant of the facts stated. 

79. Where an agent or attorney m fact verifies the adverse claim, he 
must distinctly swear that he is such agent or attorney, and accompany 
his affidavit by proof thereof. 

80. The agent or attorney in fact must make the affidavit in verifica¬ 
tion of the adverse claim'Within the land district where the claim is 
situated. 


38 


UNITED STATES MINING LAWS. 


81. The adverse notice must fully set forth the nature and extent of 
the interference or conflict; Avhether the adverse party claims as a pur¬ 
chaser for valuable consideration or as a locator; if the former, a cer¬ 
tified copy of the original location, the original conve^uince, a dul}" 
certified copy thereof, or an abstract of title from the oftice of the 
proper recorder should be furnished, or if the transaction was a merel}" 
verbal one he will narrate the circumstances attending the purchase, 
the date thereof, and the amount paid, which facts should be supported 
by the affidavit of one or more witnesses, if any were present at the 
time, and if he claims as a locator he must file a duly certified copy of 
the location from the office of the proper recorder. 

82. In order that the homidaries'^'^ and extenV'’ of the claim may 
be shown, it will be incumbent upon the adverse claimant to file a plat 
showing his entire claim, its relative situation or position with the one 
against which he claims, and the extent of the conflict: Provided^ how¬ 
ever^ That if the application for patent describes the claim by legal 
subdivisions, the adverse claimant, if also claiming by legal subdi¬ 
visions, may describe his adverse claim in the same manner without 
further surve}" or plat. If the claim is not described by legal subdi¬ 
visions, it will general!}" be more satisfactory if the plat thereof is made 
from an actual survey by a deputy mineral surveyor, and its correct¬ 
ness officially certified thereon by him. 

83. Upon the forgoing being hied within the sixty days’ publication, 
the register, or in his absence the receiver, will give notice in writing 
to hotfi jjarties to the contest that such adverse claim has been hied, 
informing them that the party who hied the adverse claim will be 
required within thirty days from the date of such hling to commence 
proceedings in a court of competent jurisdiction to determine the ques¬ 
tion of right of possession, and to prosecute the same with reasonable 
diligence to final judgment, and that, should such adverse claimant fail 
to do so, his adverse claim will be considered waived, and the applica¬ 
tion for patent be allowed to proceed upon its merits. 

84. When an adverse claim is hied as aforesaid, the register or 
receiver will indorse upon the same the precise date of hling, and pre¬ 
serve a record of the date of notihcations issued thereon; and there¬ 
after all proceedings on the application for patent will be suspended, 
Avith the exception of the completion of the publication and posting of 
notices and plat, and the hling of the necessary proof thereof, until the 
controversy shall have been adjudicated in court, or the adverse claim 
waived or A\"ithdrawn. 

85. Where an adverse claim has been hied and suit thereon com¬ 
menced within the statutory period, and hnal judgment rendered 
determining the right of possession, it will not be sufficient to hie A\"ith the 
register a certihcate of the clerk of the court, setting forth the facts as 
to such judgment, but the successful party must, before he is alloAved 
to make entry, hie a certihed copy of the judgment, together Avith the 
other evidence required by section 2326, ReAUsed Statutes. 

86. Where such suit has been dismissed, a certihcate of the clerk of 
the court to that effect or a certihed copy of the order of dismissal Avill 
be sufficient. 

87. After an adverse claim has been hied and suit commenced, a 
relinquishment or other evidence of abandonment of the adverse claim 
Avill not be accepted, but the case must be terminated and proof thereof 
furnished as required by the last tAvo paragraphs. 


UNITED STATES MINING LAWS. 


89 


88. Where an adverse claim has been hied, but no suit commenced 
against the applicant for patent within the statutory period, a certih- 
cate to that etfect by the clerk of the State court having jurisdiction in 
the case, and also by the clerk of the circuit court of the United States 
for the district in which the claim is situated, will be required. 


APPOINTMENT OF DEPUTIES FOR SURVEY OF MINING CLAIMS— 
CHAR(}ES FOR SURVEYS AND PUBLICATIONS—FEES OF REGISTERS 
AND RECEIVERS, ETC. 


89. Section 233d provides for the appointment of surve 3 "ors to sur¬ 
vey mining claims, and authorizes the Commissioner of the General 
Land Office to establish the rates to be charged for surve^^s and for 
newspaper pidjlications. Under this authority of law the following- 
rates have been established as the maximum charges for newspaper 
publications in mining cases: 

(1) Where a daily newspaper is designated the charge shall not exceed 
seven dollars for each ten lines of space occupied, and where a weekly 
newspaper is designated as the medium of publication five dollars for 
the same space will be allowed. Such charge shall be accepted as full 
payment for publication in each issue of the newspaper for the entire 
period required by law. 

It is expected that these notices shall not be so ablireviated as to 
curtail the description essential to a perfect notice, and the said rates 
established upon the understanding that they are to be in the usual 
body type used for advertisements. 

(2) For the publication of citations in contests or hearings involving 
the character of lands the charges shall not exceed eight dollars for 
five publications in weekly newspapers or ten dollars for publications 
in daily newspapers for thirty days. 

90. The surveyors-general of the several districts will, in pursuance 
of said law, appoint in each land district as many competent surveyors 
for the survey of mining claims as may seek such appointment, it being 
distinctly understood that all expenses of these notices and surve 3 'S 
are to be borne by the mining claimants and not by the United States. 
The statute provides that the claimant shall also be at liberty to employ 
an 3 ^ United States deputy surveyor to make the surve 3 L Each sur- 
ve 3 mr appointed to surve 3 ’^ mining claims before entering upon the 
duties of his office or appointment shall be required to enter into such 
bond for the faithful performance of his duties as ma 3 " be prescribed 
1 ) 3 ^ the regulations of the land department in force at that time. 

91. With regard to platting of the claim and other office work in 
the surve 3 mr-generaPs office, that officer will make an estimate of the 
cost thereof, which amount the claimant will deposit with any assistant 
United States treasurer or designated depository in favor of the United 
States Treasurer, to be passed to the credit of the fund created by 
“individual depositors for surveys of the public lands,” and file with 
the surveyor-general duplicate certificates of such deposit in the usual 
manner. 

92. The surve 3 "ors-general will endeavor to appoint surveyors to 
survey mining claims, so that one or more may be located in each 
mining district for the greater convenience of miners. 

93. "^The usual oaths will be required of these surveyors and their 
assistants as to the correctness of each surve 3 " executed 1 ) 3 ^ them. 


40 


UNITED STATES MINING LAWS. 


The duty of the surveyor ceases when he has executcid tlie survey 
and returned the held notes and preliminaiy plat thereof with his 
report to the surveyor-general. Me will not be allowed to prepare 
for the mining claimant the papers in support of an application for 
patent, or otherwise perform tlie duties of an attorney before the land 
office in connection with a mining claim. 

The surve 3 mrs-general and local land officers are expected to report 
any infringement of this regulation to this office. 

94. Should it appear that excessive or exorbitant charges have been 
made b}^ an}' surveyor or any publisher, prompt action will be taken 
with the view of correcting the abuse. 

95. The fees payable to the register and receiver for hling and act¬ 
ing upon applications for mineral-land patents are hve dollars to each 
officer, to be paid by the applicant for patent at the time of hling, and 
the like sum of hve dollars is payable to each officer by an adverse 
claimant at the time of hling his adverse claim. (Sec. 2238, R. S., 
paragraph 9.) 

96. At the time of payment of fee for mining application or adverse 
claim the receiver will issue his receipt therefor in duplicate, one to be 
given the applicant or adv'erse claimant, as the case may be, and one to 
be forwarded to the Commissioner of the General Land Office on the 
day of issue. The receipt for mining application should have attached 
the certihcate of the register that the lands included in the application 
are subject to such appropriation, as far as shown by the records of 
his office. 

97. The register and receiver will, at the close of each month, for¬ 
ward to this office an abstract of mining applications filed, an abstract 
of adverse claims filed, an abstract of mineral lands sold, and a report 
of receipts from such sales. 

98. The fees and purchase money received by registers and receivers 
must be placed to the credit of the United States in the receiver’s 
monthly and quarterly account, charging up in the disbursing account 
the sums to which the register and receiver may be respectively 
entitled as fees and commissions, with limitations in regard to the 
legal maximum. 


HEARINGS TO DETERMINE CHARACTER OF LANDS. 

99. The Rules of Practice in cases before the United States district 
land offices, the General Land Office, and the Department of the Interior 
will, so far as applicable, govern in all cases and proceedings arising in 
contests and hearings to determine the mineral character of lands. 

100. Public land returned by the surveyor-general as mineral shall 
be withheld from entry as agricultural land until the presumption 
arising from such a return shall be overcome by testimony taken in 
the manner hereinafter described. 

101. Hearings to determine the character of lands are practically of 
two kinds, .as follows: 

(1) Lands returned as mineral by the surveyor-general. 

When such lands are sought to be entered as agricultural under laws 
which require the submission of final proof after due notice by publi¬ 
cation and posting, the filing of the proper nonmineral affidavit in the 
absence of allegations that the land is mineral will be deemed suffi¬ 
cient as a preliminary requirement. A satisfactory showing as to 
character of land must be made when final proof is submitted. 


UNITED STATES MINING LAWS. 


41 


In case of application to enter, locate, or select such lands as agri¬ 
cultural, under laws in which the submission of final proof after due 
publication and posting is not required, notice thereof must first be 
given b}^ publication for sixty days and posting in the local office dur¬ 
ing the same period, and affirmative proof as to the character of the 
land submitted. In the absence of allegations that the land is min¬ 
eral, and upon compliance with this requirement, the entry, location, 
or selection will be allowed, if otherwise regular. 

{'2) Lands returned as agricultural and alleged to be mineral in 
character. 

Where as against the claimed right to enter such lands as agricul¬ 
tural it is alleged that the same are mineral, or are applied for as min¬ 
eral lands, the proceedings in this class of cases will be in the nature 
of a contest, and the practice will be governed by the rules in force in 
contest cases. 

102. Where a railroad company seeks to select lands not returned as 
mineral, but within six miles of any mining location, claim, or entry, 
or where in the case of a selection by a State, the lands sought to be 
selected are within a township in which there is a mining location, 
claim, or entry, publication must be made of the lands selected at the 
expense of the railroad company or State for a period of sixty days, 
with posting for the same period in the land office for the district" in 
which the lands are situated, during which period of publication the 
local land officers will receive protests or contests for any of said tracts 
or subdivisions of lands claimed to be more valuable for mining than 
for agricultural purposes. 

103. At the expiration of the period of publication the register and 
receiver will forward to the Commissioner of the General Land Office 
the published list, noting thereon any protests, or contests, or sugges¬ 
tions as to the mineral cnaracter of any such lands, together with any 
information they may have received as to the mineral character of an}" 
of the lands mentioned in said list, when a hearing may be ordered. 

104. In lieu selections under the acts of June 4, 1897, and June 0, 
1900, of land which has been returned as mineral, or which is within 
six miles of any mining claim, notice of the selection, commencing 
within twenty days thereafter, must be given, for a period of thirty 
days, by posting upon the land and in the local land office, and by pub¬ 
lication at the cost of the applicant in a newspaper designated by the 
register as of general circulation in the vicinity of the land and pub¬ 
lished nearest thereto. Where the selection embraces noncontiguous 
tracts the notice must be posted upon each tract; but such notice will 
not be required in any case where the selection is in lieu of ‘Si tract 
covered by an unperfected ho/ia fide claim,” viz: A tract the title to 
which has not passed out of the United States or for which patent 
certificate has not issued. 

105. At the hearings under either of the aforesaid classes, the 
claimants and witnesses will be thoroughly examined with regard to 
the character of the land; whether the same has been thoroughly 
prospected; whether or not there exists within the tract or tracts 
claimed any lode or vein of quartz or other rock in place, bearing gold, 
silver, cinnabar, lead, tin, or copper, or other valuable deposit which 
has ever been claimed, located, recorded, or worked; whether such 
work is entirely abandoned, or whether occasionallv resumed; if such 
lode does exist, by whom claimed, under what designation, and in 


42 


UNITED STATES MINING LAWS. 


which subdivision of the land it lies; whether any placer mine or mines 
exist upon the land; if so, what is the chai’acter thereof whether of 
the shallow-surface description, or of the deep cement, ])lue lead, or 
gT’avel deposits; to what extent mining’ is carried on when water can 
be obtained, and what the facilities are for obtaining water for mining 
purposes; upon what particular ten-acre subdivisions mining has been 
done, and at what time the land was abandoned for mining purposes, 
if abandoned at all. 

106. The testimony shoidd also show the agricultural capacities of 
the land, what kind of crops are raised thereon, and the value thereof; 
the number of aeres actually cultivated for crops of cereals or vegeta¬ 
bles, and within which particular ten-acre subdivision such crops are 
raised; also which of these subdivisions embrace the improvements, 
giving in detail the extent and value of the improvements, such as 
house, barn, vineyard, orchard, fencing, etc., and mining improvements. 

107. The testimony should be as full and complete as possible; and 
in addition to the leading points indicated above, where an attempt is 
made to prove the mineral character of lands which have been entered 
under the agricultural laws, it should show at wdiat date, if at all, val¬ 
uable deposits of minerals were first known to exist on the lands. 

108. When the case comes before this office, such decision Avill be 
made as the law and the facts may justify. In cases where a survey is 
neccssaiy to set apart the mineral from the agricultural land, the proper 
party, at his own expense^ will be required to have the work done by a 
surveyor to be designated by the surveyor-general. Application there¬ 
for must be made to the register and receiver, accompanied by descrip¬ 
tion of the land to be segregated and the evidence of service upon the 
opposite party of notice of his intention to have such segregation 
made. The register and receiver will forward the same to this office, 
when the necessary instructions for the survey will be given. The 
survey in such ease, where the claims to be segregated are vein or lode 
claims, must be executed in such manner as will conform to the require¬ 
ments in section 2320, United States Revised Statutes, as to length 
and width and parallel end lines. 

109. Such survey when executed must be properly sworn to by the 
surveyor, either before a notary public, officer of a court of record, or 
before the register or receiver, the deponent’s character and credibility 
to be properly certified to by the officer administering the oath. 

110. Upon the tiling of the plat and field notes of such survey with 
the register and receiver, didy sworn to as aforesaid, they will trans¬ 
mit the same to the surveyor-general for his verification and approval; 
who, if he hnds the work correctly performed, will furnish authenti¬ 
cated copies of such plat and description both to the proper local land 
office and to this office, made upon the usual drawing-paper township 
blank. 

The copy of plat furnished the local office and this office must be a 
diagram verified by the surveyor-general, showing the claim or claims 
segregated, and designating the separate fractional agricultural tracts 
in each 40-acre legal subdivision by the proper lot number, beginning 
with No. 1 in each section, and giving the area in each lot, the same 
as provided in paragraph 37 in the survey of mining claims on surveyed 
lands. 

111. The fact that a certain tract of land is decided upon testimony 
to be mineral in character is by no means ecpuvalent to an award of 


48 


UNITED STATES MINING LAWS. 

the land to a miner. In order to secure a patent for such land, he must 
proceed as in other cases, in accordance with the foregoing regulations. 

Blank forms for proofs in mineral cases are not furnished by the 
General Land Office. 

DISTKICT OF ALASKA. 

112. Section 13, act of May 14, 1898, acco 
zensof Canada ‘‘ the same minino' riMits and 
of Alaska as are accorded to citizens of the 
Columbia and the Northwest Territory by the 'laws of the Dominion 
of Canada, is not now and never has been operative, for the reason 
that the only mining rights and privileges g’ranted to an}^ person by 
the laws of the Dominion of Canada are those of leasing mineral lands 
upon the payment of a stated royalty, and the mining laws of the 
United States make no provision for such leases. 

113. For the sections of the act of June 6, 1900, making further 
provision for a civil government for Alaska, which provide for the 
establishment of recording districts and the recording of mining loca¬ 
tions; for the making of rules and regulations by the miners and for 
the legalization of mining records; for the extension of the mining 
laws to the district of Alaska, and for the exploration and mining' of 
tide lands and lands below low tide; and relating to the rights of 
Indians and persons conducting schools or missions, see page 20 of 
this circular. 


•rding to native-born citi- 
privileo'es” in the district 
United States in British 


MINERAI. LANDS AVITHIN FOREST RESERVES. 


114. The act of June 4, 1897, provides that ‘’Liny mineral lands in 
any forest reservation which have been or which may be shown to be 
such, and subject to entiy under the existing mining laws of the United 
States and the rules and regulations applying thereto, shall continue 
to be subject to such location and entry,” notwithstanding the reser¬ 
vation. This makes mineral lands in the forest reserves subject to 
location and entry under the general mining laws in the usual manner. 

The acJ also provides that, ‘ The Secretary of the Interior may permit, 
under regulations to be prescribed by him, the use of timber and stone 
found upon such reservations, free of charge, by ho?ia fide settlers, 
miners, residents, and prospectors for minerals, for firewood, fencing, 
buildings, mining, prospecting, and other domestic purposes, as may 
be needed by such persons for such purposes; such timber to be used 
within the State or Territory, respectively, where such reservations 


may be located.” 

For further instructions under this act see (urcular of April 4, 1900 
(30 L. D., 23, 28-30). 


SURVEYS OF MINING CLAIMS. 

GENERAL PROVISIONS. 


115. Under section 2334, U. S. Rev. Stats., the U. S. surveimr- 
general “may appoint in each land district containing mineral lands as 
many competent surveyors as shall apply for appointment to survey 
mining claims.” 

116. Persons desiring such appointments should therefore file their 
applications ivith the surveyor-general for the district Avherein 
appointment is asked, who will furnish all information necessary. 


44 


UNITED STATES MINING LAWS. 


117. All appointments of deputy mineral surv^eyors must ))e sub¬ 
mitted to the Commissioner of the General Land Office for approval. 

118. The surveyors-general have authority to sus])end or revoke the 
commissions of deputy mineral surveyors for cause. Lefore final 
action, however, the matter should be submitted to the Commissioner 
of the General l^and Office for approval. 

119. Such surve^^ors will be allowed the right of appeal from the 
action of the surveyor-general in the usual manner. Such appeal 
should be tiled with the surveyor-general, who will at once transmit 
the same, with a full report, to the General Land Office. ^ 

120. Neither the surveyor-general nor the Commissioner of the 
General Land Office has jurisdiction to settle ditferences, relative to 
the payment of charges for field work, between deputy mineral sur- 
ve 3 ^ors and claimants. These are matters of private contract and 
must be enforced in the ordinary manner, i. in the local courts. 
The Department has, however, authority to investigate charges affect¬ 
ing the official actions of deputy mineral surveyors, and will, on suffi¬ 
cient cause shown, suspend or revoke their appointment. 

121. The survej'ors-general should appoint as many competent 
deputy mineral surveyors as apply for appointment, in order that 
claimants may have a choice of surveyors, and be enabled to have 
their work done on the most advantageous terms. 

122. The schedule of charges for office work should be as low as is 
possible. No additional charges should be made for orders for 
amended surveys, unless the necessity therefor is clearly the fault of 
the claimant, or considerable additional office work results therefrom. 

123. In cases where the error in the original survey is due to the 
carelessness or neglect of the surveyor who made it, he should be 
required to make the necessary corrections in the field at his own 
expense, and the surveyor-general should advise him that the penalty 
for failure to comply with instructions within a specified time will be 
the suspension or revocation of his commission. 

124. Mineral surveyors will address all official communications to 
the surveyor-general. They will, when a mining claim is the subject 
of correspondence, give the name and survey number. In replying 
to letters they will give the subject-matter and date of the letter. 
They will promptly notify the surveyor-general of any change in 
post-office address. 

125. Mineral surveyors should keep a complete record of each sur¬ 
vey made by them and the facts coming to their knowledge at the 
time, as well as copies of all their field notes, reports, and official cor¬ 
respondence, in order that such evidence may be readily produced 
when called for at any future time. Field notes and other reports 
must be written in a clear and legible hand or typewritten, in non¬ 
copying ink, and upon the proper blanks furnished gratuitously by 
the surveyor-general’s office upon application therefor. No interlinea¬ 
tions or erasures will be allowed. 

126. No return by a mineral surveyor will be recognized as official 
unless it is over his signature as a United States deputy mineral sur¬ 
veyor, and made in pursuance of a special order from the surveyor- 
general’s office. After he has received an order for survey he is 
required to make the survey and return correct field notes thereof to 
the surveyor-general’s office without delay. 

127. The claimant is required, in all'cases, to make satisfactory 


UNITED STATES MINING LAWS. 


45 


{iiTangeinents with the surveyor for the payment for his services and 
those of his assistants in making the survey, as the United States will 
not be held responsible for the same. 

128. ^ A mineral surveyor is precluded from acting, either directly 
or indirectly, as attorney in mineral claims. His duty in any partic¬ 
ular case ceases when he has executed the survey and returned the 
held notes and preliminary plat, with his report, to the surveyor- 
general. He will not be allowed to prepare for the mining claimant 
the payjers in support of his application for patent, or otherwise per¬ 
form the duties of an attorney before the land office in connection 
with a mining claim. He is not permitted to combine the duties of 
surveyor and notary public in the same case Iw administering oaths to 
the parties in interest, but as a notary public he may administer the 
oaths to his assistants in making the survey; otherwise he must have 
absolutely nothing to do with the case, except in his official capacity 
as surve}^!-. He will make no survey of a mineral claim in which he 
holds an interest, nor will he employ chainmen interested therein in 
any manner. 

SURVEY-HOW MADE. 

129. • The survey made and returned must, in ev^ery case, be an 
actual survev on the ground in full detail, made by the mineral sur¬ 
veyor in person after the receipt of the order, and without reference 
to any knowledge he may have previously acquired by reason of 
having made the location survey or otherwise, and must show the 
actual facts existing at the time. This precludes him from calculat¬ 
ing the connections to corners of the public survey and location mon¬ 
uments, or any other lines of his survey through prior surveys made 
by others and substituting the same for connections or lines of the 
survey returned by him. The term survey in this paragraph applies 
not only to the usual field work, but also to the examinations required 
for the preparation of affidavits of live hundred dollars expenditure, 
descriptive reports on placer claims, and all other reports. 

130. The survey of a mining claim may consist of several contigu¬ 
ous locations, but such survey must, in conformity with statutoiy 
requirements, distinguish the several locations, and exhibit the bounda¬ 
ries of each. The survey will be given but one number. 

131. The survey must be made in strict conformity with, or l)e 
embraced within, the lines of the location upon Avhich the order is 
based. If the survey and location are identical, that fact must be 
clearly and distinctly stated in the field notes. If not identical, a 
bearing and distance must be given from each established corner of 
surve}^ to the corresponding corner of the location, and the location 
corner must be fully described, so that it can be identified. The lines 
of the location, as found upon the ground, must be laid down upon 
the preliminary plat in such a manner as to contrast and show their 
relation to the lines of survey. 

132. In view of the principl(T that courses and distances must give 
way when in conflict with fixed objects and monuments, the surveyor 
will not, under any circumstances, change the corners of the location 
for the purpose of making them conform to the description in the 
record. If the difference from the location be slight, it may be 
explained in the field notes. 

133. No mining claim located subsequent to May 10, 1872, should 


UNITED STATER MINING LAWS. 


4r> 

exceed the statutory limit in width on each side of the center of vein 
or 1,500 feet in length, and all surveys must close within 50-100 feet 
in 1,000 feet, and the error must not be such as to make the location 
exceed the statutorv limit, and in absence of other proof the discoveiy 
point is held to be the center of the vein on the surface. The course 
and length of the vein should be marked upon the plat. 

134. All mineral surveys must be made with a transit, provided 
with a solar attachment, by which the meridian (‘an be determined 
independently of the magnetic needle, and all courses must be referred 
to the true meridian. The variation should be noted at each corner 
of the survey. The true course of at least one line of each survey 
must be ascertained by astronomical obsen^ations made at the time of 
the survey; the data for determining the same and details as to how 
these data were arrived at must be given. Or, in lieu of the forego¬ 
ing the surve}^ must be connected with some line the true course of 
which has been previousl}" established beyond question, and in a simi¬ 
lar manner, and, when such lines exist, it is desirable in all cases that 
the}" should be used as a proof of the accurac}" of subsequent work. 

135. Corner No. 1 of each location embraced in a survey must be 
connected by course and distance with nearest corner of the public sur¬ 
vey or with a United States location monument, if the claim lies within 
two miles of such corner or monument. If both are within the required 
distance the connection must be with the corner of the public survey. 

136. Surveys and connections of mineral claims ma}" be made in sus¬ 
pended townships in the same manner as though the claims were upon 
unsurveyed land, except as hereinafter specified, by connecting them 
with independent mineral monuments. At the same time, the position 
of any public-land corner which may be found in the neighborhood of 
the claim should be noted, so that, in case of the release of the town¬ 
ship from suspension, the position of the claim can be shown on the 
plat. 

137. A mineral survey must not be returned with its connection 
made only with a corner of the public survey, where the survey of the 
township within which it is situated is under suspension, nor connected 
with a mineral monument alone, when situated within the limits of a 
township the regularity and correctness of the survey of which is 
unquestioned. 

138. In making an official survey, corner No. 1 of each location must 
be established at the corner nearest the corner of the public survey 
or location monument, unless good cause is shown for its being placed 
otherwise. If connections are given to both a corner of the public 
survey and location monument, corners Nos. 1 should be placed at the 
corner nearest the corner of the public survey. When a boundary 
line of a claim intersects a section line courses and distances from 
point of intersection to the Government corners at each end of the half 
mile of section line so intersected must be given. 

139. In case a survey is situated in a district where there are no 
corners of the public surve}^ and no monuments within the prescribed 
limits, a mineral monument must be established, in the location of 
which the greatest care must be exercised to insure permanency as to 
site and construction. 

140. The site, when practicable, should be some jirominent point, 
visible for a long distance from eveiy direction, and should be so chosen 


UNITED STATES MINING LAWS. 47 

that the permanency of the monument will not be endangered by snow, 
rock, or landslides, or other natural causes. 

141. The monument should consist of a stone not less than 30 inches 
long, 20 inches wide, and 6 inches thick, set halfway in the ground, 
with a conical mound of stone 4 feet high and (3 feet base alongside. 
The letters U. S. L. M., followed by the consecutive number of the 
monument in the district, must be plainly chiseled upon the stone. If 
impracticable to obtain a stone of required dimensions, then a post 8 
feet long, 6 inches square, set 3 feet in the ground, scribed as for a 
stone monument, protected by a well-built conical mound of stone of 
not less than 3 feet high and 6 feet base around it, may be used. The 
exact point for connection must be indicated on the monument by an 
X chiseled thereon; if a post is used, then a tack must be driven into 
the post to indicate the point. 

142. From the monument, connections by course and distance must 
be taken to two or three bearing trees or rocks, and to any well-known 
and permanent objects in the vicinity, such as the confluence of streams, 
prominent rocks, buildings, shafts, or mouths of adits. Bearing trees 
must be properly scribed B. T. and bearing rocks chiseled B. R., 
together with the number of the location monument; the exact point 
on the tree or stone to which the connection is taken should be indi¬ 
cated by a cross or other unmistakable mark. Bearings should also 
be taken to prominent mountain peaks, and the approximate distance 
and direction ascertained from the nearest town or mining camp. A 
detailed description of the locating monument, with a topographical 
map of its location, should be furnished the ofiice of the surve}^!’- 
general b}^ the surveyor. 

143. Corners may consist of— 

First.—X stone at least 24 inches long set 12 inches in the ground, 
with a conical mound of stone 1^ feet high, 2 feet base, alongside. 

Second .— A post at least 3 feet long by 4 inches square, set 18 
inches in the ground and surrounded Iw a substantial mound of stone 
or earth. 

Third .—A rock in place. 

A stone should always be used for a corner when possible, and 
when so used the kind should be stated. 

144. All corners must be established in a permanent and workman¬ 
like manner, and the corner and survey number must be neatly chiseled 
or scribed on the sides facing the claim. The exact corner point must 
be permanently indicated on the corner. When a rock in place is used 
its dimensions above ofround must be stated and a cross chiseled at the 
exact corner point. 

145. In case the point for the corner be inaccessible or unsuitable a 
wdtness corner, which must be marked with the letters \\. C. in addi¬ 
tion to the corner and survey number, should be established. The 
witness corner should be located upon a line of the survey and as near 
as possible to the true corner, with which it must be connected by course 
and distance. The reason why it is impossible or impracticable to 
establish the true corner must always bo stated in the held notes, and 
in running the next course it should be stated whether the start is made 
from the ti*ue place for corner or from witness corner. 

14(3. The identity of all corners should be perpetuated by taking 
courses and distances to bcai’ing trees, rocks, and other objects, as 


48 


UNITED STATES MINING LAWS. 


proscribed iii the estiildisliinent of location inonunicnts, and when no 
bearinj^s are given it should be stated that no bearings are available. 
Permanent objects should be selected for bearings whenever possible. 

147. If an official survey has been made within a reasonable dis¬ 
tance in the vicinity, there should be a connecting line run to some 
corner of the same, and in like manner all conflicting surveys and 
claims should be so connected, and the corner with which the connec¬ 
tion is made described. In survey of contiguous locations which 
are part of a consolidated claim, where corners are common, ])earings 
should be mentioned but once. 

148. The mineral surveyor should note carefully all topographical 
features of the claim, taking distances on his lines to intersections 
with all streams, gulches, ditches, ravines, mountain ridges, roads, 
trails, etc., with their widths, courses, aud other data that ma}^ be 
required to map them correctly. All municipal or private improve¬ 
ments, such as blocks, streets, and buildings, should be located. 

149. If, in running the exterior lines of a claim, the survey is found 
to conflict with the survey of another claim, the distances to the points 
of intersection, and the courses and distances along the line inter¬ 
sected from an established corner of such conflicting claim to such 
points of intersection, should be described in the field notes: Provided^ 
That where a corner of the conflicting survey falls within the claim 
being surveyed, such corner should be selected from which to give the 
bearing, otherwise the corner nearest the intersection should be taken. 
The same rule should govern in the surve^^ of claims embracing two 
or more locations the lines of which intersect. 

150. A lode and mill-site claim in one survev will be distinguished 
by the letters A and B following the number of the survey. The cor¬ 
ners of the mill site will be numbered independently of those of the 
lode. Corner No. 1 of the mill site must be connected with a corner 
of the lode claim as well as with a corner of the public survey or United 
States location monument. 

151. When a placer claim includes lodes, or when several contigu¬ 
ous placer or lode locations are included as one claim in one survey, 
there must be given to the corners of each location constituting the 
same a separate consecutive numerical designation, beginning with 
corner No. 1 in each case. 

152. Throughout the description of the surve}', after each reference 
to the lines or corners of a location, the name thereof must be given, 
and if unsurveyed, the fact stated. If reference is made to a location 
included in a prior official surve}^, the survey number must be given, 
followed by the name of the location. Corners should be described 
once only. 

153. The total area of each location and also the area in conflict 


with each intersecting survey or claim should be stated; also the total 
area claimed. But when locations embraced in one survey conflict 
with each other such conflicts should only be stated in connection with 
the location from which the conflicting area is excluded. 

154. It should be stated particularly whether the claim is upon sur¬ 
veyed or unsurveyed public lands, giving in the former case the quar¬ 
ter section, township, and range in which it is located, and the section 
lines should be indicated by full lines and the quarter-section lines by 
dotted lines. 


UNITED STATES MINING LAWS. 


49 


155. The titlc-pa^*c of the field notes must contain the post-office 
address of the claimant or his authorized agent. 

156. In the mineral surveyor’s certificate of the value of the im¬ 
provements all actual expenditures and mining improvements made 
t)y the claimant or his grantors, having a direct relation to the devel¬ 
opment of the claim, must he included in the estimate. 

157. The expenditures required may he made from the surface or in 
running a tunnel, drifts, or crosscuts for the development of the claim. 
Improvements of. any other character, such as buildings, machinery, 
or roadways, must be excluded from the estimate, unless it is shown 
clear 1}^ that they are associated with actual excavations, such as cuts, 
tunnels, shafts, etc., are essential to the practical development of, and 
actually facilitate the extraction of mineral from, the claim. 

158. All mining and other improvements claimed will be located by 
courses and distances from corners of the surve}^ or from points on 
the center or side lines, specifying with particularity and detail the 
dimensions and character of each, and the improvements upon each 
location should be numbered consecutively, the point of discovery being 
always No. 1. Improvements made upon other locations, or by a former 
locator who has abandoned the claim, can not be included in the esti¬ 
mate, f)ut should be described and located in the notes and plat. 

159. In case of a lode and mill-site claim in the same suiwey the 
expenditure of five hundred dollars must be shown upon the lode claim. 

160. If the value of the labor and improvements upon a mineral 
claim is less than five hundred dollars at the time of survey, the min¬ 
eral surveyor may file with the surveyor-general supplemental proof 
showing five hundred dollars expenditure made prior to the expiration 
of the period of publication. 

161. The mineral surveyor will return with his field notes a prelim¬ 
inary plat on blank sent to him for that purpose, protracted on a scale 
of two hundred feet to an inch, if practicable. In preparing plats the 
top is north. Copy of the calculations of areas by double meridian 
distances and of all triangulations or traverse lines must be furnished. 
The lines of the claim surveyed should be heavier than the lines of 
conflicting claims. 

162. Whenever a survey has been reported in error the surve 3 "or 
who made it will be required to promptl}^ make a thorough examina¬ 
tion upon the premises and report the result, under oath, to the sur¬ 
veyor-general’s office. In case he finds his survey in error he will 
report in detail all discrepancies with the original surve^^ and submit 
any explanation he may have to ofler as to the cause. If, on the con- 
traiy, he should report his survey correct, a joint survey will be 
ordered to settle the differences with the surveyor who reported the 
error. A joint surve}" must be made within ten da 3 "S after the date of 
order unless satisfactoiy reasons are submitted, under oath, for a post¬ 
ponement. The field work must in every sense of the term be w joint 
and not a separate survey, and the observations and measurements 
taken with the same instrument and chain, previously tested and agreed 
upon. 

163. The survevor found in error, or, if both are in error, the one 
who leported tlie same, will make out the field notes of the joint sur¬ 
vey, which, after being dul 3 ' signed and sworn to ly both parties, 
must be transmitted to the surve 3 "or-generars office. 

4456—01-4 



50 


UNITED STATES MINTN(J LAW^S. 


014. Inasimich as aiiiendcHl siirvT'Vs are ordered only ))y special 
instructions from the (General Land Oltice, and the conditions and 
circumstances ])eculiar to each separate case, and the object sought by 
the re(piired amendment, alone govern all special matters relative to 
the manner of making such survey and the form and subject-matter 
to be embraced in the tield notes thereof, but few general rules 
applicable to all cases can be laid down. 

165. The amended survey must be made in strict conformity with, or 
be embraced within, the lines of the original survey. If the amended 
and original surve 3 ^s are identical, that fact must be clearly and dis- 
tinctl}^ stated in the tield notes. If not identical, a bearing and distance 
must be given from each established corner of the amended survey" to 
the corresponding corner of the original surve}". The lines of the 
original surve}^ as found upon the ground, must be laid down upon 
the preliminaiT plat in such manner as to contrast and show their 
relation to the lines of the amended survey. 

166. The field notes of the amended survev must be prepared on the 

same size and form of blanks as are the field notes of the original sur- 
ve}^ and the word “amended” must be used before the word “survey” 
wherever it occurs in the field notes. , 

167. ^Mineral surveyors are required to make full examinations of 
all placer claims at the time of survey and file with the field notes a 
descriptive report, in which will be described— 

{a) The quality and composition of the soil, and the kind and amount 
of timber and other vegetation. 

(/>) The locus and size of streams, and such other matter as ma}^ 
appear upon the surface of the claims. 

(c) The character and extent of all surface and under-ground work¬ 
ings, whether placer or lode, for mining purposes, locating and describ¬ 
ing them. 

{(I) The proximity of centers of trade or residence. 

{e) The proximity of well-known systems of lode deposits or of 
individual lodes. 

(/) The use or adaptabilit}^ of the claim for placer mining, and 
whether water has been brought upon it in sufficient quantity to mine 
the same, or whether it can be procured for that purpose. 

{(j) What works or expenditures have been made b}^ the claimant or 
his grantors for the development of the claim, and their situation and 
location with respect to the same as applied for. 

(A) The true situation of all mines, salt licks, salt springs, and mill 
sites which come to the surveyor’s knowledge, or a report by him that 
none exist on the claim, as the facts may warrant. 

{i) Said report must be made under oath and duly corroborated by 
one or more disinterested persons. 

168. The eniplo^dng of claimants, their attorne^^s, or parties in inter¬ 
est, as assistants in making surveys of mineral claims, will not be 
allowed. 

169. The field work must be accuratel}" and properl}^ performed and 
returns made in conformit}'' with the foregoing instructions. Errors 
in the surve}^ must be corrected at the surveyor’s own expense, and 
if the time recjuired in the examination of the returns is increased by 
reason of neglect or carelessness, he will be required to make an addi- 
tiomd deposit for office work. He will be held to a strict accountability 


UNITED STATES MINING LAWS. 


51 


for the faithful discharge of his duties, and will be required to observe 
fully the requirements and regulations in force as to making mineral 
surveys. If found incompetent as a surveyor, careless in the discharge 
of his duties, or guilt}" of a violation of said regulations, his appoitit- 
ment will be promptly revoked. 

Binger Hermann, 

Conmiisshmer. 

Approved. 

E. A. Hitchcock, Secretary. 


4 








Il^DEX. 


[Full-face numerals indicate on what pages copies of laws or parts of laws may be found.] 


Abstract of title. 

Abstracts of mineral applications and adverse claims. 

Acts, supplemental to Revised Statutes: 

June 6, 1874, expenditure. 

February 11, 1875, expenditure. 

May 5, i876, Kansas and Missouri. 

June 3, 1878, use of timber. 

January 22, 1880, application by agent; expenditure. 

March 3, 1881, judgment on adverse... 

April 26, 1882, verification of adverse by agent; proof of citizenship. 

March 3, 1883, Alabama. 

May 17, 1884, Alaska. 

August 30, 1890, right of way for ditches and canals. 

March 3, 1891, town sites on mineral lands; reservoirs. 

August 4, 1892, building stone. 

November 3, 1893,1 . , . , 

July 18 1894 j-suspension of requirement of annual expenditure_ 

February 11, 1897, petroleum. 

March 3, 1891, forest reserves.. . 

May 14, 1898, Alaska, Canadians. 

June 6, 1900, Alaska. 

January 31, 1901, saline lands. . 

Additional land districts. 

Adjustment of mineral claims to public surveys: {See Public surveys.) 
Adverse claims: 

Proceedings on. 

What must be shown. 

Verification by agent. 

Proof of disposition of. 

Judgment against both parties. 

Entry on judgment—evidence required. 

Affidavits, verification of. 

Agent: 

Application for patent by. 

Citizenship, proof of, made by. 

Agreement of publisher. 

Agricultural lands, segregation of mineral from. 

Alabama lands. 

Alaska lands: 

Mining laws extended to. 

Mining rights extended to native-born Canadians under certain conditions. 

Divided into recording districts. 

Bering Sea, mining on shoal waters of. 

Miners’ regulations in. 

Amended surveys. {See Surveys.) 

Annual expenditure: 

Generally. 5, 11, 12, 13, 

For placers. 

When not required. 

Requirement for suspended, 1893, 1894. 

Coowners, forfeiture by, for failure to contribute. 

Question as to, one solely for courts. 


Page. 

31, 36 
40 

11 

12 

12 

12 

13 

13 

14 
14 

14 

15 

16 
17 

17 

18 
18 

19 

20 
23 
11 


6,38 
38 
14,37 
38, 39 

13 

6 

9,14 

13 
4, 36 

32 

10 

14 

14 

19,43 
20, 43 
22 
22 


25, 26 
28 
26 

17 

6, 26 
33 


53 














































54 


INDEX. 


Page. 

Apex. 4, 24 

Appeal from fcnirveyor-general. 44 

A])i)li(‘ation for patent: 

Statute. 6, 81 

Pemiing under former laws. 7 

Must not include land embraced in existing application, selection, or entry. 82 

By agent. 13 

For placer (known lode). 8, 28, 84 

Ap})ointment of mineral surveyors. 9, 89, 48, 44 

Area: 

IMacer. 7, 8, 28 

Mill site. 10 

Arkansas, mineral surveys in. 29 

Assignee. {See Saline lands.) 

Blanks, not furnished. 43 

Building stone: 

Entered under placer laws. 17, 27 

Use of, for domestic purposes. 48 

Not excepted from grants to State and for schools. 17, 27 

Certificate of surveyor-general as to improvements. 6, 32, 49 

Character of land, hearings as to. 9, 40, 43 

Charges and fees: 

Proof of. 9, 33 

Excessive. 40 

Paid to register and receiver. 40 

Citizenship: 

Proof of. 4, 36 

Affidavit of, before whom made. 14, 36 

Of trustee and cestui que trust. 33 

Claims located and patented prior to Mav 10, 1872. 24 

Conflicts...._.1. 30,32,48 

Connected diagram. 30 

Connection. {See Survey.) 

Contests and hearings. 9, 33, 40, 43 

Continuous posting. 6, 33 

Conveyance, after application. 36 

Coowners. 5,26,33 

Corners. (/S'ee Survey.) 

Corporations. 4, 36 

Cross veins. (>S’ee Veins.) 

Definitions: 

Of vein or lode. 3 

Of placer. 7 

Of mill site. 9 

Description of lode claim: 

By location notice.3, 4, 5, 24, 25 

By survey. 5, 29, 30, 43, 51 

Description of placers where taken by legal subdivisions. 8, 27, 28, 34,35 

Descriptive reports on placers. 34, 50 

Dip. 4, 24 

Discovery. 3,25,27 

Ditches and canals. 10,15 

Drainage. 10 

Easements. 10 

End lines.. 3, 24 

Entry: 

Lode. 5, 33 

Placer. 7, 34 

Mill site. 9, 35 

Errors. {See Survey.) 

Excessive charges. 9, 40 

Expenditure ($500) {see Annual expenditure): 

Certificate of surveyor-general. 6, 32 

Report of mineral surveyor. 49 

Proof of, on placer by legal subdivisions. 28 

On group of claims. 32 

In tunnel. 12 






















































INDEX. 


55 


Page. 

Exploration and purchase of mineral lands. 3 

Fees of register and receiver. 40 

Field notes. {See Survey.) 

Fieldwork. Survey.) 

Forest reserves.18,48 

Forfeiture. 5,20 

(irants, mineral lands excepted from. 11 

Hearings. 9,38,40,43 

Homesteads, segregating mining claims from. 7,10 

Im|)rovements. (S'cc Annual expenditure; Expenditure.) 

Instructions for surveys. {See Surveys.) 

Joint survey. {See Survey.) 

Judgment. {See Adverse claims.) 

Kansas. (aS'cc Mineral lands.) 

Known lodes. (/See Placer.) 

Laches in making entry . 83, 84 

Land districts, establishment of. 11 

Legal subdivisions. 7, 8, 27, 28 

Length of lode claims. 3, 24 

Limitations. {See Statute of limitations.) 

Location: 

Made prior to May 10, 1872. 3, 24 

Made under act May 10, 1872 . 3, 4, 5, 24, 25, 26 

Marking of. 25 

Record of. 25 

Tunnel claim. 4, 26, 27 

Rights conferred by. 4 

Locating monuments. {See Survey.) 

Lodes: 

Discovery. 3, 25 

Length. 3, 24, 25 

Width. 3,24,25 

Location and record. 3, 4, 5, 25 

Entry and patent. 5, 29, 84 

Lost records. 31 

Lotting. {See Segregation survey.) 

jMaintenance of })ossession. 4, 5, 25, 26 

IMichigan. {See Mineral lands.) 

IMill sites: 

Patents for. 9, 10, 85 

H ow surveyed. 85 

Price per acre. 35 

Proof of nonmineral character. 85 

Minerals enumerated. 3 

Mineral lands: 

Reserved from sale under general laws. 3 

Reservation not applicable to certain States. 11, 12, 14 

Excepted from grants. 11 

IMineral surveyors. 9, 89, 48, 51 

Miner’s regulations. 3, 4,5 

Mining records, proof of title when lost. 81 

Minnesota. (/S'ce Mineral lands.) 

Missouri. {See Mineral lands.) 

Newspaper charges... 9, 89 

Notices for publication and posting. 82 

Number of plats. 29 

Occupation and purchase. 3 

Oflice work. 9, 89, 44 

Oils (mineral), location and entry of. 18, 27 

Papers, method of transmittal. 86 

Patent: 

Procedure to obtain— 

Lode. 5,6,7,29,84 

Placer. 7,8,84,85 

.Mill sites.:. 9, 10, 85 

Under statute of limitations. 8, 37 

















































INDEX. 


1'hku. 

Petroleum... 18,27 

Place fh: 

Detinition of. 7 

Conformity and nonconformity to public survey. 7, 8, 28 

Limitation as to area. . 7, 8, 28 

Location of. 28, 29 

SulMiivisions of 40-acre tracts . 7, 27, 28 

Proc(‘dure to make entry. 7, 84, 35 

Deputy’s report on. 34, 35 

Survey, when necessary of. 8, 34 

Lode in, procedure. 8, 28 

b'xpenditure on. 28 

Price. 34 

Plats, preparation of. 5, 29, 49 

Possessory right (statute of limitations). 8,37 

Posting: 

Contents of notice. 31 

On land.. 5, 31,3i3 

Proof of. 6, 31 

In office. 6,32 

Proof of. 36 

Continuous, proof of. 33 

Price payable on entry: 

Load claims. 6, 33 

Placer claims. 8,34 

Mill site claims. 9, 35 

Saline lands. 23, 29 

Preemption and homestead. 10 

Protest: 

Alleging noncompliance with law. 6, 33 

Coowner. 33 

As to character of land. 40-42 

Public surveys, adjustment of mining claims with reference to. 7 

Publication: 

Requirement of. 6,32 

Proof of. 33 

Cost of. 9,39, 40 

Regulations of miners. {See Miner’s regulations.) 

Register’s certificate of posting. 36 

Relocation... 6,26 

Reservation: 

Of mineral lands. 3 

In patents. 10,15 

Forest. 18,43 

Reservoirs. 10,16 

Saline lands. 23,29 

Segregation: 

Of mineral lands from agricultural. 10 

Right to enter remaining agricultural lands. 10 

Survey, when required. 42 

Selections: 

State and railroad. 41 

Forest reserve lieu... 1. 41 

Series, consecutive, of entries. 36 

State (or Territory) may provide rules for working mines. 10 

States not subject to mining laws. 11,12,14 

Statute of limitations. 8,37 

Subdivisions, legal, into 10-acre tracts. 7,27,28 

Survey: 

Statutes. 5, 9 

Number of copies of plats and field notes. 29 

When to be made. 30 

Numbered progressively. 30 

Segregation diagram. 30 

Expenses of. 9, 39, 44 

Appointment of mineral surveyors. 39, 43, 44 

Charges and deposits for office work. 39,44 



























































INDEX. 


Survey—Continued. Page. 

charges for amended surveys. 44 

Payment of mineral surveyors. 44,45 

Surveyor to keep record of. 44 

Returns by surveyor. 44 

Surveyor must not act as attorney. 39, 45 

Fieldwork. 30,45,40 

Connections. 30,40 

jNlineral monuments. 30, 40 

Corners. 47 

Topographical features. 48 

Lode and mill site. 48 

Lode in placer. 48 

Conflicts. 30,48 

Areas. 30,48 

RejX)rt on exi)enditures. 49 

Preliminary plat. 49 

Erroneous surveys, joint. 49 

Amended surveys. 50 

Report on placers. 50 

Surveyor, mineral. 9,39,43,51 

Sutro tunnel. 11 

Testimony, what should show. 42 

Timber, use of; for mining and domestic purposes. 12 

Title {see Abstract of title): 

I’ossessory. 8,37 

Transfers subsequent to application. 36 

Trustee; application l)y. 38 

Town sites on mineral lands. 16 

Tunnel: 

Expenditure in. 12 

Grant to A. Sutro. 11 

Run to discover mines. 4. 26 

Veins Lodes): 

Apex, dip. 4,24 

Intersection or union of.- 9 

Verification of affidavits. 9,14 

Water rights. 10 

Wisconsin. {See Mineral lands). 

Work, resumption of.-. 26 

Width of lode .claims. 3, 24, 25 

4456—01-5 


O 














































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